[2020] KEHC 6867 (KLR)

[2020] KEHC 6867 (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 failure to pay a fine for illegal cutting and removal of forest produce. The court considered the exceptional circumstances of the COVID-19 pandemic and the need to decongest prisons to protect public health. The time already served by the applicant was deemed sufficient punishment, and the applicant was ordered to be released unless otherwise lawfully held.

Citation
[2020] KEHC 6867 (KLR)
Parties
Applicant: John Gitonga; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Judgment Date
8 April 2020
Case Number
Criminal Revision 79 of 2020
Procedural Posture
Criminal Revision / Order on Revision
Outcome
Default custodial sentence set aside; applicant to be released unless otherwise lawfully held.
Legal Topics
Sentencing Revision, Forest Offences, Covid19 Prison Decongestion
Source Language
English
Criminal Law Sentencing Revision Forest Offences Covid19 Prison Decongestion

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Parties

John Gitonga

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Order on Revision

Legal Issues

  1. 1 Whether the default custodial sentence should be set aside in light of the COVID-19 crisis and prison decongestion efforts.
  2. 2 Whether the court has jurisdiction to revise the sentence imposed by the trial court.

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 failure to pay a fine for illegal cutting and removal of forest produce. The court considered the exceptional circumstances of the COVID-19 pandemic and the need to decongest prisons to protect public health. The time already served by the applicant was deemed sufficient punishment, and the applicant was ordered to be released unless otherwise lawfully held.

Court Disposition

Default custodial sentence set aside; 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.