[2020] KEHC 6858 (KLR)

[2020] KEHC 6858 (KLR)

The court exercised its revisionary jurisdiction under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code to set aside the applicant's custodial sentence. The court found that the ongoing COVID-19 pandemic constituted exceptional circumstances warranting the decongestion of...

Source-derived case information.

Citation
[2020] KEHC 6858 (KLR)
Parties
Applicant: Japhet Gituma Martin; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Judgment Date
9 April 2020
Case Number
Criminal Revision 27 of 2020
Procedural Posture
Criminal Revision / Order on Revision
Outcome
sentence set aside and substituted with time served; applicant to be released forthwith unless otherwise lawfully held
Legal Topics
Sentencing Revision, Stealing in Dwelling House, Prison Decongestion, Covid19 Related Orders
Source Language
english
Criminal Law Sentencing Revision Stealing in Dwelling House Prison Decongestion Covid19 Related Orders

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Summary, issues, holding and outcome

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Parties

Japhet Gituma Martin

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Order on Revision

Legal Issues

  1. 1 Whether the sentence imposed on the applicant should be revised in light of the COVID-19 crisis and efforts to decongest prisons.
  2. 2 Whether the court has the power to substitute the sentence with time served.

Ratio Decidendi

The court exercised its revisionary jurisdiction under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code to set aside the applicant's custodial sentence. The court found that the ongoing COVID-19 pandemic constituted exceptional circumstances warranting the decongestion of prisons to protect public health. The applicant, having already served part of the sentence for the offence of stealing in a dwelling house, was deemed to have served sufficient punishment. The court substituted the remaining sentence with time already served and ordered the applicant's immediate release unless otherwise lawfully held.

Court Disposition

sentence set aside and substituted with time served; applicant to be released forthwith unless otherwise lawfully held

Orders

  • The sentence of 12 months imprisonment is set aside and substituted with time already served.
  • The applicant shall be set at liberty forthwith unless otherwise lawfully held.