Muiruri & 5 others v Republic (Revision Case 131 of 2024) [2024] KEHC 11535 (KLR) (19 September 2024) (Ruling) Neutral citation: [2024] KEHC 11535 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU REVISION CASE 131 OF 2024 HM NYAGA, J SEPTEMBER 19, 2024 BETWEEN STEPHEN KAMAU MUIRURI ........................................................ 1ST APPLICANT CALEB CHEMJOR MILGO ............................................................. 2ND APPLICANT PHOUSTINE ODUOR MAKHOHA ............................................... 3RD APPLICANT SYMON KAMAU MULI ................................................................... 4TH APPLICANT JARED ONYANGO OMOLO ........................................................... 5TH APPLICANT NICKY SOIT ...................................................................................... 6TH APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The accused persons (Applicants) were charged with the following ofiences; Count I Entering into a protected area within a permit or any other lawful exemption Contrary to Section 102 (1) (a) as read with Section 102 (1) (h) of the Wildlife Conservation and Management Act, 2013. 1. Stephen Kamau Muiruri 2. Caleb Chemior Milgo 3. Phoustine Oduor Makhoha 4. Symon Kamau Muli 5. Jared Onyango Omolo 6. Nicky Soit On the 9th day of January, 2024 at around 1329 hours at number 41 area in Lake Nakuru National Park, Nakuru West sub-county within Nakuru County at GPS co-ordinates 37M 0172585 UTM 9961928, you were found to have entered into a protected area on foot without a permit from the Director General Kenya Wildlife Service. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/11535/eng@2024-09-19 1
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Count II Undertaking extractive activity in wildlife protected area without a permit or any other lawful exemption Contrary to Section 102 (1) (g) as read with Section 102 (1) (h) of the Wildlife Conservation and Management Act 2013. On the 9th day of January, 2024 at around 1329 hours at number 41 area in Lake Nakuru National Park, Nakuru West sub-county within Nakuru County at GPS co-ordinates 37M 0172585 UTM 9961928, you were found undertaking extractive activity namely fishing and you were in possession of Eight (8 sacks, three 93) sacks, three (3) fishing net and thirty four (34) kilograms of fish without a permit from the Director General Kenya Wildlife Service. 2. They all pleaded guilty and were convicted and sentenced to a fine of Kshs. 200,000/= in default two (2) years imprisonment on each count. 3. This file has been brought to this court for revision under the prisons decongestion exercise. 4. The sentence review reports on each applicant is favourable to them serving the remainder of their sentence on probation. 5. I have noted that the applicants have been in custody for eight (8) months now. I believe that the time spent in prison has been sufficient to teach them any lesson that the trial court intended them to learn. 6. In exercise of the powers of the court under Article 165 (6) and (7) of the Constitution and Section 362 of the Criminal Procedure Code (CPC). I review the sentence for each applicant and order that the remainder of their sentences shall be served on probation. Terms will be explained to them. DATED, SIGNED AND DELIVERED AT NAKURU THIS 19TH DAY OF SEPTEMBER, 2024. H. M. NYAGA JUDGE In the presence of; C/A Jenifier N/A for state https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/11535/eng@2024-09-19 2
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