[2020] KEHC 6887 (KLR)
The court exercised its revisionary jurisdiction to set aside the sentence of 12 months imprisonment imposed on the applicant for giving false information to a public officer. In light of the COVID-19 pandemic and the need to decongest prisons, the court substituted the sentence with the period already served,...
Source-derived case information.
- Citation
- [2020] KEHC 6887 (KLR)
- Parties
- Applicant: Francis Muriuki Muraguri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 4 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- sentence set aside and substituted with period already served; applicant to be released unless otherwise lawfully held
- Legal Topics
- False Information to Public Officer, Sentencing Revision, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Muriuki Muraguri
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for giving false information to a public officer should be revised in light of the COVID-19 crisis.
- 2 Whether the court has the power to substitute the sentence with the period already served.
Ratio Decidendi
The court exercised its revisionary jurisdiction to set aside the sentence of 12 months imprisonment imposed on the applicant for giving false information to a public officer. In light of the COVID-19 pandemic and the need to decongest prisons, the court substituted the sentence with the period already served, relying on its powers under the Criminal Procedure Code and the Constitution. The applicant was ordered to be released unless otherwise lawfully held.
Court Disposition
sentence set aside and substituted with period already served; applicant to be released unless otherwise lawfully held
Orders
- The sentence of 12 months imprisonment is set aside and substituted with the period already served.
- The applicant shall be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.4 OF 2020
FRANCIS MURIUKI MURAGURI........................APPLICANT
VERSUS
REPUBLIC...........................................................RESPONDENT
(Revision of the Original Sentence dated 18. 02. 2020 in Nanyuki
Criminal Case No.208 of 2017– N. Thuku, PM)
07. 04. 2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. I have examined the Lower Court record herein.
2. The convict, FRANCIS MURIUKI MURAGURI, was on 18/02/2020, sentenced to 12 months imprisonment for the offence of giving false information to a public officer contrary to section 129(a) of the Penal Code.
3. Because of the current Coronavirus (COVID -19) crisis in our country, and in order to decongest the prisons, and in exercise of the 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 sentence imposed and substitute therefore the period 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 7TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT