[2020] KEHC 6882 (KLR)
The High Court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for the offence of illegal charcoal making, substituting it with the period already served. This decision was guided by the need to decongest prisons during the COVID-19 pandemic, the minor...
Source-derived case information.
- Citation
- [2020] KEHC 6882 (KLR)
- Parties
- Applicant: Fredrick Ndereba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 44A 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, Illegal Charcoal Making, Forest Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Ndereba
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default custodial sentence imposed for illegal charcoal making should be revised in light of the COVID-19 crisis.
- 2 Whether the court has jurisdiction to substitute the sentence under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code.
Ratio Decidendi
The High Court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for the offence of illegal charcoal making, substituting it with the period already served. This decision was guided by the need to decongest prisons during the COVID-19 pandemic, the minor nature of the offence, and the court's constitutional and statutory mandate to promote justice and public interest. The court found that continued incarceration was not justified in the circumstances and ordered the applicant's immediate release 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 6 months imprisonment 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
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO. 44A OF 2020
FREDRICK NDEREBA.......APPLICANT
VERSUS
REPUBLIC.......................RESPONDENT
(Revision of the Original Sentence dated 13. 12. 2019 in Nanyuki Criminal Case No.1601 of 2019)
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, FREDRICK NDEREBA, was on 13. 12. 2019 sentenced to a fine of Kshs.25,000= and in default to serve 6 months imprisonment for the offence of Illegal charcoal making in a government forest contrary to Section 67(1)(e) 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