[2020] KEHC 5986 (KLR)
The court exercised its revisionary jurisdiction under section 364 of the Criminal Procedure Code, guided by the NCAJ's COVID-19 decongestion directive, to revise the appellant's sentence to the period already served. The court found that the appellant's case was identified as deserving review and that immediate...
Source-derived case information.
- Citation
- [2020] KEHC 5986 (KLR)
- Parties
- Appellant: Henry Kosgei Kipchumba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 152 of 2018
- Procedural Posture
- Criminal Revision / Revision Order
- Outcome
- Sentence revised to period already served; appellant to be released unless otherwise lawfully held.
- Judges
- EM Muriithi
- Legal Topics
- Sentence Revision, Prison Decongestion, Covid 19 Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Kosgei Kipchumba
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Revision Order
Legal Issues
- 1 Whether the appellant's sentence should be revised in light of the NCAJ guidelines on decongestion of prisons during the COVID-19 pandemic.
- 2 Whether the High Court should exercise its revisionary powers under section 364 of the Criminal Procedure Code to reduce the appellant's sentence.
Ratio Decidendi
The court exercised its revisionary jurisdiction under section 364 of the Criminal Procedure Code, guided by the NCAJ's COVID-19 decongestion directive, to revise the appellant's sentence to the period already served. The court found that the appellant's case was identified as deserving review and that immediate release was appropriate to further the public health objective of reducing prison populations during the pandemic. The decision balanced the interests of justice, public safety, and the urgent need to mitigate the spread of COVID-19 in custodial settings.
Court Disposition
Sentence revised to period already served; appellant to be released unless otherwise lawfully held.
Orders
- The appellant shall be released from custody 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 KABARNET
H.C.C.R. REV. NO. 152 OF 2018
HENRY KOSGEI KIPCHUMBA...............................APPELLANT
=VERSUS=
REPUBLIC................................................................RESPONDENT
REVISION ORDER
1. The Court is mindful of the direction of the Chief Justice as part of the measures adopted by National Council on the Administration of Justice (NCAJ) under its Plan to combat the threat of Corona Virus Disease - 2019 (COVID-2019) entitled Administrative and Contingency Management Plan to Mitigate COVID-19 in Kenya’s Justice Sectorissued on the 15th March 2020, in relevant part on decongestion of prisons as follows:
“8. Judges in all stations will in the meantime review the deserving cases already identified by Prison Authorities and issue appropriate revision orders in an effort to decongest the prisons….”
2. In exercise of the revisionary powers of the High Court and, having considered the sentence, and in accordance with the NACJ guidelines for decongestion of prisons, the court finds it appropriate pursuant to section 364 of the Criminal Procedure Code to revise the sentence imposed on the appellant and reduce it to a sentence of imprisonment for the period already served so that the appellant may forthwith be released from custody, in furtherance of the NCAJ’s decongestion measures.
Orders
3. There shall, therefore, be an order of the court directing the release of the appellant from custody, unless he is otherwise lawfully held.
Order accordingly.
DATED AND DELIVERED THIS 24TH DAY OF MARCH 2020.
EDWARD M. MURIITHI
JUDGE
Appearances:
Appellant in person.
Ms. Kitilit, Prosecution Counsel for the Respondent.