[2020] KEHC 6862 (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 prevailing COVID-19 pandemic and the urgent need to decongest prisons to safeguard public health....
Source-derived case information.
- Citation
- [2020] KEHC 6862 (KLR)
- Parties
- Applicant: Charles Machira Muthoni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 39 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
Charles Machira Muthoni
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 and decongestion efforts.
- 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 prevailing COVID-19 pandemic and the urgent need to decongest prisons to safeguard public health. The court relied on its powers under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code, finding that the interests of justice required the applicant's immediate release, provided he was not 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 one year 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.39 OF 2020
CHARLES MACHIRA MUTHONI..............APPLICANT
VERSUS
REPUBLIC..................................................RESPONDENT
(Revision of the Original Sentence dated 30. 10. 19 in Nanyuki Criminal Case No.1411 of 2019)
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, CHARLES MACHIRA MUTHONI, was on 29. 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) & 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