[2020] KEHC 6869 (KLR)
The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, guided by Article 159(2) of the Constitution, to address the exceptional circumstances posed by the COVID-19 pandemic. Recognizing the need to decongest prisons to mitigate the spread of the virus, the court...
Source-derived case information.
- Citation
- [2020] KEHC 6869 (KLR)
- Parties
- Applicant: John Ndichu Wandura; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 90 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
- Narcotic Drugs Offences, Sentencing Revision, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ndichu Wandura
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default custodial sentence for non-payment of fine should be revised in light of the COVID-19 crisis.
- 2 Whether the applicant is entitled to have the sentence substituted with time served.
Ratio Decidendi
The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, guided by Article 159(2) of the Constitution, to address the exceptional circumstances posed by the COVID-19 pandemic. Recognizing the need to decongest prisons to mitigate the spread of the virus, the court found it just to set aside the default custodial sentence imposed for non-payment of a fine for illegal possession of narcotic drugs. The court substituted the sentence with the period already served, ordering the applicant's immediate release unless otherwise lawfully held. This decision balanced the interests of justice, public health, and the applicant's rights.
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 three 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
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.90 OF 2020
JOHN NDICHU WANDURA........................................................APPLICANT
VERSUS
REPUBLIC..................................................................................RESPONDENT
(Revision of the Original Sentence dated 27. 01. 2020 in Nanyuki
Criminal Case No.1930 of 2017)
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, JOHN NDICHU WANDURA , was on 27. 01. 2020 sentenced to a fine of Kshs.10,000= and in default to serve three (3) months imprisonment for the offence of illegal possession of Narcotic Drugs contrary to Section 3(1) & (2) of the Narcotic Drugs and Psychotropic Substance (Control) Act, 1994. 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