[2020] KEHC 6812 (KLR)
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for non-payment of fines, substituting it with the period already served. This decision was guided by the need to decongest prisons during the COVID-19 pandemic and the court's duty to promote...
Source-derived case information.
- Citation
- [2020] KEHC 6812 (KLR)
- Parties
- Applicant: David Nderitu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 49 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, Prison Decongestion, Covid19 Measures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Nderitu
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, substituting it with the period already served. This decision was guided by the need to decongest prisons during the COVID-19 pandemic and the court's duty to promote substantive justice under Article 159(2) of the Constitution. The court found that the circumstances justified a departure from the original sentence, and that the applicant should 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 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.49 OF 2020
DAVID NDERITU ....……………………..……………..………………..APPLICANT
VERSUS
REPUBLIC …………………………..…………………………………RESPONDENT
(Revision of the Original Sentence dated 10. 1.2020 in Nanyuki Criminal Case No.27 of 2020)
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, DAVID NDERITU, was on 10. 1.2020 sentenced to two fines totaling Kshs.25,000= and in default to serve cumulative six (6) months imprisonment for the offences of cutting down trees contrary to Section 334(c) of the Penal code and illegal removal of forest produce contrary to Section 64(1)&(2) of the Forest Control and Management Act, 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 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