[2020] KEHC 6880 (KLR)
The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code and Article 159(2) of the Constitution to set aside the default custodial sentence imposed on the applicant for non-payment of a fine. The court considered the exceptional circumstances of the COVID-19 pandemic...
Source-derived case information.
- Citation
- [2020] KEHC 6880 (KLR)
- Parties
- Applicant: James Muriithi Nyaguthie; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 45 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- default custodial sentence set aside; substituted with time served; applicant to be released unless otherwise lawfully held
- Legal Topics
- Sentencing Revision, Forest Offences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Muriithi Nyaguthie
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default custodial sentence imposed for non-payment of fine should be revised in light of the COVID-19 crisis and prison decongestion efforts.
- 2 Whether the court has jurisdiction to substitute the default sentence with time served under the relevant statutory and constitutional provisions.
Ratio Decidendi
The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code and Article 159(2) of the Constitution to set aside the default custodial sentence imposed on the applicant for non-payment of a fine. The court considered the exceptional circumstances of the COVID-19 pandemic and the need to decongest prisons to protect public health. The court found that substituting the default sentence with time already served was just and appropriate in the circumstances, and ordered the applicant's immediate release unless otherwise lawfully held.
Court Disposition
default custodial sentence set aside; 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 time already served.
- The convict 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.45 OF 2020
JAMES MURIITHI NYAGUTHIE...........................APPLICANT
VERSUS
REPUBLIC..............................................................RESPONDENT
(Revision of the Original Sentence dated 23. 12. 19 in Nanyuki
Criminal Case No.1641 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, JAMES MURIITHI NYAGUTHIE, was on 23. 12. 19 sentenced to a fine of Kshs.20,000= and in default to serve 6 months imprisonment for the offence of cutting and removing forest produce contrary to Section 64(1)(a) & (e) of the Forest Control and Management Act, No.34 of 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