[2020] KEHC 7258 (KLR)
The court exercised its revisionary jurisdiction to set aside the custodial sentence imposed on the applicant for the offence of stealing, substituting it with the period already served. This decision was primarily influenced by the extraordinary circumstances presented by the COVID-19 pandemic, which necessitated...
Source-derived case information.
- Citation
- [2020] KEHC 7258 (KLR)
- Parties
- Applicant: Francis Kinyua Wanjiru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 18 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Sentence revised; applicant released.
- Legal Topics
- Sentencing Revision, Stealing Offence, Covid19 Judicial Response
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Kinyua Wanjiru
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant should be revised in light of the COVID-19 crisis.
- 2 Whether the time already served is sufficient punishment for the offence of stealing.
Ratio Decidendi
The court exercised its revisionary jurisdiction to set aside the custodial sentence imposed on the applicant for the offence of stealing, substituting it with the period already served. This decision was primarily influenced by the extraordinary circumstances presented by the COVID-19 pandemic, which necessitated decongestion of prisons to safeguard public health. The court found that the time already served constituted sufficient punishment in the circumstances, and ordered the applicant's immediate release unless otherwise lawfully held.
Court Disposition
Sentence revised; applicant released.
Orders
- The sentence of 12 months imprisonment is set aside and substituted with the time already served.
- The applicant shall be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.18 OF 2020
FRANCIS KINYUA WANJIRU………………..……….......…….APPLICANT
VERSUS
REPUBLIC …………………………..………………………….RESPONDENT
(Revision of the Original Sentence dated 19. 11. 2019 in Nanyuki Criminal Case No.487 of 2019 – L. Mutai, CM)
23/03/2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. On 19. 11. 2019 the convict herein, FRANCIS KINYUA WANJIRU, was sentenced to serve 12 months imprisonment for the offence of Stealing contrary to Section 268and 275 of thePenal Code.
2. Because of the Coronavirus (COVID -19) crisis currently facing our country, and in exercise of this court’s powers under Article 159(2)of the Constitution and Section 362 and 364 of the Criminal Procedure Code, I hereby set aside the said sentence 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