[2020] KEHC 7180 (KLR)
The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, considering the exceptional circumstances presented by the COVID-19 pandemic. The judge found it just to set aside the default custodial sentence of ten months imposed for non-payment of a fine for the offence...
Source-derived case information.
- Citation
- [2020] KEHC 7180 (KLR)
- Parties
- Applicant: Cyrus Muthomi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 38 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, Forest Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cyrus Muthomi
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 emergency.
- 2 Whether the court has jurisdiction to substitute the default sentence with time served.
Ratio Decidendi
The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, considering the exceptional circumstances presented by the COVID-19 pandemic. The judge found it just to set aside the default custodial sentence of ten months imposed for non-payment of a fine for the offence of illegal cutting and removal of forest produce. The sentence was substituted with the period already served, and the applicant was ordered to be released unless otherwise lawfully held. The decision was grounded on the need to decongest prisons during the public health emergency and the court's constitutional mandate to administer justice without undue regard to procedural...
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 ten 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.38 OF 2020
CYRUS MUTHOMI......APPLICANT
VERSUS
REPUBLIC.................RESPONDENT
(Revision of the Original Sentence dated 28. 10. 2019 in Nanyuki Criminal Case No.1398 of 2019 – L. Mutai , CM)
23/03/2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. The convict herein, CYRUS MUTHOMI, was on 28. 10. 2019 sentenced to a fine of Kshs.20,000= and in default to serve 10 months imprisonment for the offence of illegal cutting and removal of forest produce contrary to Section 64(1) (a) and (2) of the Forest conservation and Management Act, No.34 of 2016. He did not pay the fine and is serving the default sentence.
2. Because of the Coronavirus (COVID – 19) emergency now going on in our country, and in exercise of the powers of this court under Article 159(2) of the Constitution and Section 362 and 364 of the Criminal Procedure Code, I will set aside the default sentences of ten(10) months and substitute therefor the time 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