[2020] KEHC 6844 (KLR)
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for the offence of stealing, substituting it with the period already served. This decision was guided by the need to decongest prisons during the COVID-19 pandemic, in accordance with the court's...
Source-derived case information.
- Citation
- [2020] KEHC 6844 (KLR)
- Parties
- Applicant: Benson Gichamba Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 53 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Default custodial sentence set aside and substituted with time served; applicant to be released unless otherwise lawfully held.
- Legal Topics
- Sentencing Revision, Prison Decongestion, Covid19 Measures, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Gichamba Mwangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default custodial sentence should be set aside in light of the COVID-19 crisis and prison decongestion efforts.
- 2 Whether the court has jurisdiction to revise the sentence imposed by the trial court.
Ratio Decidendi
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for the offence of stealing, substituting it with the period already served. This decision was guided by the need to decongest prisons during the COVID-19 pandemic, in accordance with the court's powers under the Criminal Procedure Code and the Constitution. The court found that continued incarceration for failure to pay a fine, in the context of a public health crisis, was not justified and that the interests of justice would be served by releasing the applicant, unless otherwise lawfully held.
Court Disposition
Default custodial sentence set aside and substituted with time served; applicant to be released unless otherwise lawfully held.
Orders
- The default sentence of six months imprisonment is set aside and substituted with the time already served.
- The convict shall be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.53 OF 2020
BENSON GICHAMBA MWANGI..........APPLICANT
VERSUS
REPUBLIC............................................RESPONDENT
(Revision of the Original Sentence dated 27. 1.2020 in Nanyuki Criminal Case No.68 of 2020)
09. 04. 2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. I have examined the trial court record.
2. The convict herein, BENSON GICHAMBA MWANGI, was on 27. 01. 2020 sentenced to a fine of Kshs.10,000= and in default to serve six (6) months imprisonment for the offence of stealing contrary to Section 268(1) & 275 of the Penal Code. He did not pay the fine.
3. Because of the current Coronavirus (COVID -19) crisis in our country, and in an effort to de-congest the prisons, and in exercise of the powers of the Court under Article 159(2) of the Constitution and Section 362 & 364 of the Criminal Procedure Code, I hereby set aside the default sentence and substitute therefore the time already served.
4. The convict shall therefore be set at liberty forthwith unless otherwise lawfully held.
5. It is so ordered.
DATED AT NANYUKI THIS 9TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT