The accused person has pleaded for leniency. He was charged with two counts of stealing and sentenced to serve 1 year for every count in-default of Ksh. 50,000/= fine per count. The lower court ordered him to serve the two years consecutively.
The court having imposed a fine of Ksh. 50,000/= per count, the default sentence should have been 1-year imprisonment. It was therefore wrong for the court to order that he serves the sentence consecutively in default.
The court should have addressed its mind to the provisions of Section 28 of the Penal Code.
I have considered his plea for leniency and I am persuaded that the period of 10 months already served is sufficient punishment.
I hereby revise the lower court order on sentence and in place therefore order that the sentence be and is hereby reduced to the period served.
He shall be released from prison custody immediately.
It is so ordered.