[2020] KEHC 6897 (KLR)
The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, guided by Article 159(2) of the Constitution, to set aside the default custodial sentence imposed on the applicant for failure to pay a fine for illegal cutting and removal of forest produce. The court...
Source-derived case information.
- Citation
- [2020] KEHC 6897 (KLR)
- Parties
- Applicant: Charles Mungathia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 80 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, Forest Offences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Mungathia
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default custodial sentence should be set aside in light of the COVID-19 crisis and prison decongestion efforts.
- 2 Whether the court has jurisdiction to revise the sentence imposed by the trial court.
Ratio Decidendi
The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, guided by Article 159(2) of the Constitution, to set aside the default custodial sentence imposed on the applicant for failure to pay a fine for illegal cutting and removal of forest produce. The court considered the exceptional circumstances presented by the COVID-19 pandemic and the urgent need to decongest prisons to protect public health. The court found that substituting the default sentence with the period already served was just and appropriate in the circumstances, and ordered the applicant's immediate release unless 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 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
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO 80 OF 2020
CHARLES MUNGATHIA....................APPLICANT
VERSUS
REPUBLIC .......................................RESPONDENT
(Revision of the Original Sentence dated 26. 11. 19 in Nanyuki Criminal Case No.1510 of 2019)
08. 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 MUNGATHIA, was on 26. 11. 19 sentenced to a fine of Kshs.22,000= and in default to serve six (6) months imprisonment for the offence of illegal cutting and removal of forest produce contrary to Section 64(1)(a) & (2) of the Forest Control and Management Act, No.34 of 2016. 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 otherwiselawfully held.
5. It is so ordered.
DATED AT NANYUKI THIS 8TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT