[2020] KEHC 6825 (KLR)
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for non-payment of fines for traffic offences. This was justified by the prevailing COVID-19 pandemic and the need to decongest prisons to protect public health. The court substituted the default...
Source-derived case information.
- Citation
- [2020] KEHC 6825 (KLR)
- Parties
- Applicant: Daniel Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 75 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
- Traffic Offences, Sentencing, Revision of Sentence
- 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
Daniel Kariuki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default custodial sentence imposed for non-payment of fines should be revised in light of the COVID-19 crisis.
- 2 Whether the court has jurisdiction to substitute the default sentence with time already served.
Ratio Decidendi
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for non-payment of fines for traffic offences. This was justified by the prevailing COVID-19 pandemic and the need to decongest prisons to protect public health. The court substituted the default sentence with the period already served, relying on its powers under the Constitution and the Criminal Procedure Code. The applicant was ordered to be released 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 imprisonment is set aside and substituted with 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.75 OF 2020
DANIEL KARIUKI.........................APPLICANT
VERSUS
REPUBLIC...................................RESPONDENT
(Revision of the Original Sentence dated 06. 01. 20 in Maralal Traffic Case No.124 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, DANIEL KARIUKI, was on 06. 01. 20 sentenced to pay three fines in the total sum of Kshs.24,000= and in default to serve a cumulative sentence of eight (8) months imprisonment for three traffic offences under the Traffic Act, Cap 403. He did not pay the fine and is serving the default sentences.
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 8TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT