[2020] KEHC 7257 (KLR)
The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, considering the exceptional circumstances posed by the COVID-19 pandemic. The judge found it just to set aside the default sentence of 6 months imprisonment for non-payment of a fine and substitute it with a...
Source-derived case information.
- Citation
- [2020] KEHC 7257 (KLR)
- Parties
- Applicant: John Omondi Wabwire; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 10 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Default sentence of 6 months imprisonment set aside and substituted with term already served; applicant to be released unless otherwise lawfully held.
- Legal Topics
- Malicious Damage to Property, Sentencing Revision, Default Sentence, Covid 19 Judicial Response
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Omondi Wabwire
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default sentence of 6 months imprisonment for non-payment of fine should be revised in light of the COVID-19 pandemic.
- 2 Whether the court has jurisdiction to substitute the default sentence with the term already served.
Ratio Decidendi
The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, considering the exceptional circumstances posed by the COVID-19 pandemic. The judge found it just to set aside the default sentence of 6 months imprisonment for non-payment of a fine and substitute it with a sentence equivalent to the period already served. This decision was guided by the need to decongest prisons and protect public health, as well as the constitutional imperative to administer justice in a manner that upholds the values of fairness and proportionality. The court concluded that continued incarceration for default of fine payment was not warranted in the circumstances.
Court Disposition
Default sentence of 6 months imprisonment set aside and substituted with term already served; applicant to be released unless otherwise lawfully held.
Orders
- The default sentence of 6 months imprisonment is set aside and substituted with a sentence of the term already served.
- The convict shall be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.10 OF 2020
JOHN OMONDI WABWIRE........APPLICANT
VERSUS
REPUBLIC................................RESPONDENT
(Revision of the Original Sentence dated 10. 12. 2019 in Nanyuki Criminal Case No.1186 of 2018 – N. Thuku, PM)
23/03/2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. The convict herein, JOHN OMONDI WABWIRE, was sentenced on 10. 12. 2019 to a fine of Kshs.30,000= and in default to serve 6 months imprisonment for the offence of malicious damage to property contrary to Section 339(1) of the Penal Code. He did not pay the fine and is serving the default sentence.
2. Because of the current Coronavirus (COVID – 19) and in exercise of the powers of the court under Article 159(2) of the Constitution and Section 362 and 364 of the Criminal Procedure Code, I hereby set aside the default sentence of 6 months imprisonment and substitute therefore a default sentence of the term already served.
3. The convict shall therefore be set at liberty forthwith unless otherwise lawfully held. It is so ordered.
DATED AT NANYUKI THIS 23RD DAY OF MARCH, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT