[2020] KEHC 7227 (KLR)
The court found that, in view of the exceptional circumstances presented by the COVID-19 pandemic and the applicant's ongoing service of default custodial sentences for failure to pay fines imposed for wildlife-related offences, it was just and appropriate to revise the sentences. Exercising its powers under Article...
Source-derived case information.
- Citation
- [2020] KEHC 7227 (KLR)
- Parties
- Applicant: Bernard Kimathi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 34 of 2010
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- default custodial sentences set aside and substituted with time served; applicant to be released unless otherwise lawfully held
- Legal Topics
- Wildlife Offences, Sentencing Revision, Possession of Wildlife Trophy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Kimathi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default custodial sentences imposed for wildlife offences should be revised in light of the COVID-19 crisis.
- 2 Whether the applicant is entitled to a reduction or substitution of the default sentences already being served.
Ratio Decidendi
The court found that, in view of the exceptional circumstances presented by the COVID-19 pandemic and the applicant's ongoing service of default custodial sentences for failure to pay fines imposed for wildlife-related offences, it was just and appropriate to revise the sentences. Exercising its powers under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code, the court set aside the default sentences of 12 months and 1 year imprisonment (to run concurrently) and substituted them with sentences equivalent to the time already served. This decision was made to ensure that justice is administered fairly and humanely in light of the prevailing public...
Court Disposition
default custodial sentences set aside and substituted with time served; applicant to be released unless otherwise lawfully held
Orders
- The default sentences of 12 months and 1 year imprisonment (concurrent) are set aside and substituted with default sentences of the time already served (concurrent).
- The convict shall be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.34 OF 2020
BERNARD KIMATHI..........APPLICANT
VERSUS
REPUBLIC .......................RESPONDENT
(Revision of the Original Sentence dated 11. 10. 2019 in Nanyuki Criminal Case No.1300 of 2019 –V.M. Masivo, RM)
23/03/2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. The convict herein, BERNARD KIMATHI, was on 11. 10. 19 sentenced respectively to a fine of Kshs.1 million (In default to serve 12 months) and a fine of Kshs.200,000= (In default to serve 1 year imprisonment), the default sentences to run concurrently, for the offences of being in possession of Wildlife Trophy contrary to Section 95(d) of the Wildlife Conservation and Management Act, 2013 and conveying hunting gears into a protected area contrary to Section 102(1)(f) of the same Act. He is serving the default because of the current Coronavirus (COVID – 19) crisis in the country, and in exercise of the powers of this court under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code, I hereby set aside the default sentences of 12 months and 1 year imprisonment (concurrent) and substitute therefor default sentences of the time already served (Concurrent).
2. The convict shall therefore be set at liberty forthwith unless otherwise lawfully held. It is so ordered.
DATED AT NANYUKI THIS 23RD DAY OF MARCH, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT