[2020] KEHC 7216 (KLR)
The court exercised its revisionary jurisdiction to set aside the default sentence of 1 year imprisonment imposed on the applicant for non-payment of a fine, substituting it with the term already served. This was done in light of the COVID-19 emergency, to reduce the risk of infection in prisons, and pursuant to the...
Source-derived case information.
- Citation
- [2020] KEHC 7216 (KLR)
- Parties
- Applicant: Boniface Mwaniki alias Nyumba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 33 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Default sentence of 1 year imprisonment set aside and substituted with term already served; applicant to be released unless otherwise lawfully held.
- Legal Topics
- Sentencing Revision, Default Sentence, Covid 19 Emergency, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Mwaniki alias Nyumba
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default sentence of 1 year imprisonment for non-payment of fine should be set aside due to the COVID-19 emergency.
- 2 Whether the court has the power to revise the sentence under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code.
Ratio Decidendi
The court exercised its revisionary jurisdiction to set aside the default sentence of 1 year imprisonment imposed on the applicant for non-payment of a fine, substituting it with the term already served. This was done in light of the COVID-19 emergency, to reduce the risk of infection in prisons, and pursuant to the court's powers under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code. The court found it just and appropriate to release the applicant, who had already served part of the default sentence, given the extraordinary public health circumstances.
Court Disposition
Default sentence of 1 year imprisonment set aside and substituted with term already served; applicant to be released unless otherwise lawfully held.
Orders
- The default sentence of 1 year imprisonment is set aside and substituted with the term already served.
- The convict shall be set at liberty 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.33 OF 2020
BONIFACE MWANIKI ALIAS NYUMBA......APPLICANT
VERSUS
REPUBLIC.......................................................RESPONDENT
(Revision of the Original Sentence dated 02. 10. 2019 in Nanyuki Criminal Case No.1269 of 2019 – L. Mutai, CM)
23/03/2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. The convict herein, BONIFACE MWANIKI alias NYUMBA was on 02. 10. 19 sentenced to a fine of Kshs.30,000= and in default to serve 1 year imprisonment for the offence of stealing contrary to Section 268 (1) and 275 of the Penal Code. He did not pay the fine and is serving the default sentence.
2. Because of the Coronavirus (COVID – 19) emergency, 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 will set aside the default sentence of 1 year imprisonment and substitute therefor the term already served. .
3. 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