REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NANYUKI CRIMINAL REVISION NO.26 OF 2020 SIMON MURIMI GITHAIGA............................................APPLICANT VERSUS REPUBLIC........................................................................RESPONDENT (Revision of the Original Sentence dated 21.01.2020 in Nanyuki Criminal Case No.895 of 2019– L. Mutai, CM) 08.04.2020 Before Justice H P G Waweru In Chambers ORDER ON REVISION 1. I have examined the trial court record. 2. The Convict herein, SIMON MURIMI GITHAIGA, was on 21.01.2020, fined Kshs.100,000= and in default to serve 2 ½ years imprisonment for the offence of assault causing actual bodily harm contrary to Section 251 of the Penal code. He did not pay the fine. 3. The default sentence is obviously illegal in view of the provisions of Section 28(2) of the Penal Code. It should not have been more than 12 months. 4. In the circumstances, I hereby set aside the default sentence of 2 ½ years and substitute therefor twelve (12) months imprisonment with effect from 21.01.2020. It is so ordered. DATED AT NANYUKI THIS 8TH DAY OF APRIL, 2020 H.P.G. WAWERU JUDGE. DEPUTY REGISTRAR NANYUKI HIGH COURT
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