[2020] KEHC 7253 (KLR)

[2020] KEHC 7253 (KLR)

The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, considering the extraordinary circumstances presented by the COVID-19 pandemic. The judge found that continued incarceration of the applicant was not justified in light of the public health emergency and the...

Source-derived case information.

Citation
[2020] KEHC 7253 (KLR)
Parties
Applicant: George Kimotho Mathenge; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Case Number
Criminal Revision 37 of 2020
Procedural Posture
Criminal Revision / Order on Revision
Outcome
Sentence revised; applicant to be released unless otherwise lawfully held.
Legal Topics
Sentencing Revision, Stealing Offence, Covid19 Emergency, Penal Code Section 275
Source Language
en
Criminal Law Sentencing Revision Stealing Offence Covid19 Emergency Penal Code Section 275

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Parties

George Kimotho Mathenge

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Order on Revision

Legal Issues

  1. 1 Whether the sentence imposed on the applicant should be revised due to the COVID-19 emergency.
  2. 2 Whether the time already served is sufficient punishment for the offence of stealing.

Ratio Decidendi

The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, considering the extraordinary circumstances presented by the COVID-19 pandemic. The judge found that continued incarceration of the applicant was not justified in light of the public health emergency and the principle of substantive justice under Article 159(2) of the Constitution. Consequently, the original sentence of one year imprisonment for stealing was set aside and substituted with a sentence equivalent to the period already served, resulting in the applicant's immediate release unless otherwise lawfully held.

Court Disposition

Sentence revised; applicant to be released unless otherwise lawfully held.

Orders

  • The sentence of one year imprisonment is set aside and substituted with time already served.
  • The applicant shall be set at liberty forthwith unless otherwise lawfully held.