[2020] KEHC 6860 (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 6860 (KLR)
- Parties
- Applicant: Brian Mwangi Wangari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 58 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, Default Sentence, Covid19 Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brian Mwangi Wangari
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.
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 protect public health. The court found that it was in the interests of justice to release the applicant, given the powers conferred by the Constitution and the Criminal Procedure Code to revise sentences where necessary.
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
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.58 OF 2020
BRIAN MWANGI WANGARI..............................................APPLICANT
VERSUS
REPUBLIC..........................................................................RESPONDENT
(Revision of the Original Sentence dated 09. 03. 2020 in Nanyuki Criminal Case No.281 of 2020 – V.M. Masivo, RM)
07. 04. 2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. The convict herein, BRIAN MWANGI WANGARI,, was on 09. 03. 2020 fined Kshs.30,000= and in default of payment to serve six (6) months imprisonment. He did not pay the fine and is serving the default sentence.
2. Because of the current Coronavirus (COVID – 19) crisis in our country, and in order to decongest the prisons, and in exercise of the powers of the court under Article 159(2) of the Constitution and Section 362 and 364 of the Criminal Procedure Code, I hereby set aside the default sentence and substitute therefore the time already served.
3. The convict shall therefore be set at liberty forthwith unless otherwise lawfully held.
4. It is so ordered.
DATED AT NANYUKI THIS 7TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT