[2020] KEHC 6889 (KLR)
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for failure to pay a fine under Section 140(b) of the Environmental Management & Coordination Act. In light of the COVID-19 pandemic and the need to decongest prisons, the court found it just to...
Source-derived case information.
- Citation
- [2020] KEHC 6889 (KLR)
- Parties
- Applicant: Christine Nkriote; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 65 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, Environmental Offences, Covid19 Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Christine Nkriote
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default custodial sentence imposed for contravening Section 140(b) of the Environmental Management & Coordination Act should be revised in light of the COVID-19 crisis.
- 2 Whether the court has jurisdiction to substitute the default sentence with time served under Article 159(2) of the Constitution and Sections 362 & 364 of the Criminal Procedure Code.
Ratio Decidendi
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for failure to pay a fine under Section 140(b) of the Environmental Management & Coordination Act. In light of the COVID-19 pandemic and the need to decongest prisons, the court found it just to substitute the remaining sentence with the period already served. The decision was grounded in the court's powers under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code, which allow for the revision of sentences to promote justice and public interest, especially during a national crisis.
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
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.65 OF 2020
CHRISTINE NKIROTE...........APPLICANT
VERSUS
REPUBLIC ............................RESPONDENT
(Revision of the Original Sentence dated 07. 04. 2020 in Nanyuki Criminal Case No.288 of 2020)
07. 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, CHRISTINE NKIROTE, was on 07. 04. 2020 sentenced to a fine of Kshs.35,000= and in default to serve six (6) months imprisonment for the offence of Contravening a measure contrary to Section 140(b) of the Environmental Management & Coordination Act, Cap 387. She 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 Sections 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 7TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT