[2020] KEHC 6814 (KLR)
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for failure to pay a fine for illegal charcoal burning, substituting it with the period already served. This decision was guided by the urgent need to decongest prisons during the COVID-19 pandemic,...
Source-derived case information.
- Citation
- [2020] KEHC 6814 (KLR)
- Parties
- Applicant: Geoffrey Kaberia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 52 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 Burning, Public Forest Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Kaberia
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default custodial sentence imposed for illegal charcoal burning should be revised in light of the COVID-19 crisis and decongestion policy.
- 2 Whether the court has jurisdiction to substitute the default sentence with time served under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code.
Ratio Decidendi
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for failure to pay a fine for illegal charcoal burning, substituting it with the period already served. This decision was guided by the urgent need to decongest prisons during the COVID-19 pandemic, the powers conferred by Article 159(2) of the Constitution, and Sections 362 and 364 of the Criminal Procedure Code. The court found that the interests of justice and public health outweighed the need for continued incarceration for the default of a fine in these circumstances.
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 eight 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
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.52 OF 2020
GEOFFREY KABERIA...................................APPLICANT
VERSUS
REPUBLIC ...................................................RESPONDENT
(Revision of the Original Sentence dated 16. 1.2020 in Nanyuki Criminal Case No.45 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, GEOFFREY KABERIA, was on 16. 1.2020 sentenced to a fine of Kshs.20,000= and in default to serve eight (8) months imprisonment for the offence of illegal charcoal burning in a public forest contrary to Section 67(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