[2020] KEHC 6900 (KLR)
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for non-payment of a fine, substituting it with the period already served. This was justified by the extraordinary circumstances of the COVID-19 pandemic and the imperative to decongest prisons to...
Source-derived case information.
- Citation
- [2020] KEHC 6900 (KLR)
- Parties
- Applicant: Benson Kagwanja Weru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 69 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, Default Sentence, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Kagwanja Weru
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default custodial sentence imposed for non-payment of fine should be revised in light of the COVID-19 crisis.
- 2 Whether the court has jurisdiction to substitute the default sentence with time served under Article 159(2) of the Constitution and Sections 362 & 364 of the Criminal Procedure Code.
Ratio Decidendi
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for non-payment of a fine, substituting it with the period already served. This was justified by the extraordinary circumstances of the COVID-19 pandemic and the imperative to decongest prisons to safeguard public health. The court relied on its constitutional and statutory powers to ensure that justice is administered in a manner that is responsive to current realities, holding that continued incarceration for default of fine payment was no longer proportionate or necessary in the circumstances.
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 imprisonment for non-payment of fine is set aside and substituted with time already served.
- The applicant 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.69 OF 2020
BENSON KAGWANJA WERU................................................................APPLICANT
VERSUS
REPUBLIC ............................................................................................RESPONDENT
(Revision of the Original Sentence dated 28. .2020 in Nanyuki Criminal Case No.229 of 2020)
07. 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 KAGWANJA, was on 28. 02. 2020 sentenced to a fine of Kshs.13,000= and in default to serve a total period of 16 months imprisonment for the offence of Stealing contrary to Section 268(1) and 275 of the Penal Code and Creating a disturbance contrary to Section 95(1)(b) of the Penal Code. He did not pay the fines.
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 Sections 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 7TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT