[2020] KEHC 6829 (KLR)

[2020] KEHC 6829 (KLR)

The High Court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for non-payment of a fine for illegal entry into a protected wildlife conservancy. The court considered the extraordinary circumstances created by the COVID-19 pandemic, which necessitated...

Source-derived case information.

Citation
[2020] KEHC 6829 (KLR)
Parties
Applicant: Dominic Julius Karole; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Case Number
Criminal Revision 48 of 2020
Procedural Posture
Criminal Revision / Order on Revision
Outcome
default custodial sentence set aside; applicant released unless otherwise lawfully held
Judges
DW Mbuteti
Legal Topics
Wildlife Offences, Sentencing Revision, Prison Decongestion
Source Language
en
Criminal Law Wildlife Offences Sentencing Revision Prison Decongestion

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Parties

Dominic Julius Karole

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Order on Revision

Legal Issues

  1. 1 Whether the default custodial sentence for non-payment of fine should be revised in light of the COVID-19 crisis.
  2. 2 Whether the court has jurisdiction to substitute the sentence already imposed.

Ratio Decidendi

The High Court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for non-payment of a fine for illegal entry into a protected wildlife conservancy. The court considered the extraordinary circumstances created by the COVID-19 pandemic, which necessitated urgent measures to decongest prisons to protect public health. Relying on Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code, the court found it just and expedient to substitute the default sentence with the period already served. The applicant was ordered to be released forthwith unless otherwise lawfully held.

Court Disposition

default custodial sentence set aside; applicant released unless otherwise lawfully held

Orders

  • The default custodial sentence is set aside and substituted with time already served.
  • The applicant shall be set at liberty forthwith unless otherwise lawfully held.