Automated Summary
Key Facts
The accused, Hamound Rashid Azzan and Muhamed Mashan Ahmed, were charged with subsistence hunting under section 97 of the Wildlife Conservation and Management Act 2013. They pleaded guilty, and the trial court initially sentenced them to a fine of KSh 15,000 each, with a default of six months imprisonment. The prosecution appealed, arguing the minimum fine under section 97 is KSh 30,000 or six months imprisonment. The High Court agreed, setting aside the original sentence and imposing the statutory minimum of KSh 30,000 each, defaulting to six months imprisonment if unpaid.
Issues
The court addressed whether the trial court's fine of Ksh.15,000 for subsistence hunting under section 97 of the Wildlife Conservation and Management Act 2013 was unlawful due to being below the prescribed minimum of Ksh.30,000. The prosecution successfully argued that the original sentence violated the statutory minimum, and the court revised the fine to Ksh.30,000 or six months imprisonment in default.
Holdings
The court agreed with the prosecution that the original sentence of Ksh.15,000 fine or 6 months imprisonment was unlawful under section 97 of the Wildlife Conservation and Management Act 2013, which mandates a minimum penalty of Ksh.30,000 fine or 6 months imprisonment. The court set aside the trial court's decision and imposed the correct minimum sentence of Ksh.30,000 fine or 6 months imprisonment.
Remedies
The court set aside the original sentence and imposed a fine of Ksh.30,000 each, in default of six months imprisonment.
Legal Principles
The court applied the Literal Rule of statutory interpretation to enforce the minimum penalty prescribed under section 97 of the Wildlife Conservation and Management Act 2013, setting aside the trial court's sentence as unlawful for falling below the statutory minimum.
Cited Statute
Wildlife Conservation and Management Act
Judge Name
- Said Chitembwe
- Wildon Korir
Passage Text
- I do hereby set aside the sentence imposed by the trial court and replace it with a fine of kshs.30,000/= each in default six (6) months imprisonment.
- Section 97 of the Wildlife Conservation and Management Act 2013 provides as follows:- 'A person who engages in hunting for the purposes of subsistence commits an offence and shall be liable on conviction to a fine of not less than thirty thousand (or an imprisonment for a term of not less than six months or both such fine and imprisonment'.
- The trial court convicted the accused on their own plea of guilty and sentenced them to each pay a fine of ksh.15,000/= in default to serve six (6) months imprisonment.