[2020] KEHC 6818 (KLR)
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for traffic offences, substituting it with the period already served. This was justified by the exceptional circumstances of the COVID-19 pandemic and the urgent need to decongest prisons to...
Source-derived case information.
- Citation
- [2020] KEHC 6818 (KLR)
- Parties
- Applicant: Joseph Mwangi Wamoya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 55 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
- Traffic Offences, Sentencing Revision, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mwangi Wamoya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default custodial sentence imposed for traffic offences should be revised in light of the COVID-19 crisis.
- 2 Whether the court has jurisdiction to substitute the default sentence with time served.
Ratio Decidendi
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for traffic offences, substituting it with the period already served. This was justified by the exceptional circumstances of the COVID-19 pandemic and the urgent need to decongest prisons to safeguard public health. The court relied on its powers under the Criminal Procedure Code and the Constitution to ensure that justice is administered in a manner that is responsive to prevailing societal challenges. The applicant was ordered to be released forthwith unless otherwise lawfully held.
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 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.55 OF 2020
JOSEPH MWANGI WAMOYA.........................APPLICANT
VERSUS
REPUBLIC.....................................................RESPONDENT
(Revision of the Original Sentence dated 28. 1.2020 in Nanyuki Traffic Case No.7of 2020)
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, JOSEPH MWANGI WAMOYA was on 28. 01. 2020 sentenced to two fines totaling Kshs.52,000= and in default to serve a cumulative 1 year and 7 months for offences under the Traffic Act, Cap 403.
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