[2020] KEHC 6863 (KLR)
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for failure to pay a fine, substituting it with the period already served. This was justified by the extraordinary circumstances of the COVID-19 pandemic and the imperative to decongest prisons to...
Source-derived case information.
- Citation
- [2020] KEHC 6863 (KLR)
- Parties
- Applicant: James Waweru Wanjiru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 61 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, Forest Offences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Waweru Wanjiru
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default custodial sentence should be set aside in light of the COVID-19 crisis and prison decongestion efforts.
- 2 Whether the court has jurisdiction to revise the sentence imposed by the trial court.
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, substituting it with the period already served. This was justified by the extraordinary circumstances of the COVID-19 pandemic and the imperative to decongest prisons to safeguard public health. The court relied on its powers under the Criminal Procedure Code and the Constitution to promote substantive justice and public interest.
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 six 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.61 OF 2020
JAMES WAWERU WANJIRU.........................................................APPLICANT
VERSUS
REPUBLIC.....................................................................................RESPONDENT
(Revision of the Original Sentence dated 09. 03. 2020 in Nanyuki Criminal Case No.272 of 2020)
07. 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 WAWERU WANJIRU, was on 09. 03. 2020 sentenced to a fine of Ksh.s8,000= and in default to serve six (6) months for the offence of cutting forest produce without authority contrary to Section 64(1) (a) & (2) of the Forest Conservation 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 Sections 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 7TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT