MAKUENI MCCRC E225 of 2022
This matter coming for revision of sentence.
Upon perusal of the record and the Sentence Review Report
1. the offender was charged with stealing by servant c/s 281 of the PC maximum sentence provided is 7 years' imprisonment.
2. Value of stolen property was cash of Ksh 51, 405.
3. there was a full trial. He was found guilty and sentenced to pay fine of Ksh 80,000 in default 4 years imprisonment. He was first offender.
4. The default sentence violates s. 28 of the Penal Code. Maximum default imprisonment period for fine above Ksh 50,000 is 12 months, unless expressly provided for.
5. Sentence is revised to Fine Ksh 80,000 in default 12 months imprisonment.
6. Offender was sentenced on 13th December 2022
7. Sentence is already served.
8. Offender be set at liberty forthwith unless otherwise legally held.