[2020] KEHC 4419 (KLR)
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for failure to pay a fine for breach of curfew order. The decision was based on the exceptional circumstances presented by the Covid-19 pandemic, which necessitated decongestion of prisons to...
Source-derived case information.
- Citation
- [2020] KEHC 4419 (KLR)
- Parties
- Applicant: Alex Njawanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 107 of 2020
- Procedural Posture
- Criminal Revision / Order in Revision
- Outcome
- Default custodial sentence set aside and substituted with time already served; applicant to be released unless otherwise lawfully held.
- Legal Topics
- Breach of Curfew Order, Public Order Offences, Sentencing, Covid 19 Related Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Njawanga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order in Revision
Legal Issues
- 1 Whether the default custodial sentence imposed for breach of curfew order should be set aside in light of the Covid-19 pandemic.
- 2 Whether the time already served by the convict is sufficient punishment under the circumstances.
Ratio Decidendi
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for failure to pay a fine for breach of curfew order. The decision was based on the exceptional circumstances presented by the Covid-19 pandemic, which necessitated decongestion of prisons to safeguard public health. The court found that the time already served by the applicant was sufficient punishment and substituted the remainder of the sentence with the period already served, ordering the applicant's immediate release unless otherwise lawfully held.
Court Disposition
Default custodial sentence set aside and substituted with time already served; applicant to be released unless otherwise lawfully held.
Orders
- The default sentence of 3 months imprisonment is set aside and substituted with the time already served.
- The applicant, Alex Njawanga, shall be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.107 OF 2020
(From Original Conviction and Sentence in Nanyuki Criminal Case No.454 of 2020)
ALEX JAWANGA............................................................................................APPLICANT
VERSUS
REPUBLIC..................................................................................................RESPONDENT
ORDER IN REVISION
(In Chambers Before:- Hon. Justice Waweru on 16th June, 2020).
IT IS HEREBY ORDERED:-
1. THATupon request by the convict herein, ALEX NJAWANGA, I have called for an examined the record of the trail court.
2. THAT the convict was convicted upon his own plea of Breach of curfew order contrary to Order 3 of the Public Order (state curfew) Order, 2020 as read with Section 8(6) of the Public Order Act, Cap 56.
3. THAT he was sentenced to a fine of Kshs.4,000/00 and in default of payment to serve 3 months imprisonment. This was on 15/05/2020. He did not pay the fine and is serving the default sentence.
4. THAT because of the Coronavirus (covid-19) pandemic now current in our country, and in exercise of the powers of the court under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code, I hereby set aside the default sentence and substitute therefore the time already served.
5. THAT means that the convict shall be st at liberty forthwith unless otherwise lawfully held.
GIVEN under my hand and seal of this Honourable Court this 16th day of June 2020
DEPUTY REGISTRAR
NANYUKI HIGH COURT
ISSUED at NANYUKI this 16th day of June 2020.