[2020] KEHC 6777 (KLR)
The court found that, in accordance with the NCAJ guidelines for decongestion of prisons during the COVID-19 pandemic and considering the appellant's imminent eligibility for release with remission, it was appropriate to review and reduce the sentence to the period already served. The court exercised its discretion...
Source-derived case information.
- Citation
- [2020] KEHC 6777 (KLR)
- Parties
- Appellant: Laban Kipruto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal of 20 of 2020
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced; appellant to be released unless otherwise lawfully held
- Judges
- EM Muriithi
- Legal Topics
- Sentencing Review, Plea of Guilty, Prison Decongestion, Covid19 Measures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Laban Kipruto
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant should be reduced in light of the NCAJ guidelines for decongestion of prisons during the COVID-19 pandemic.
- 2 Whether the appellant, having pleaded guilty, is entitled to appeal against the severity or legality of the sentence.
Ratio Decidendi
The court found that, in accordance with the NCAJ guidelines for decongestion of prisons during the COVID-19 pandemic and considering the appellant's imminent eligibility for release with remission, it was appropriate to review and reduce the sentence to the period already served. The court exercised its discretion under section 354(3)(b) of the Criminal Procedure Code to order the appellant's immediate release from custody, unless otherwise lawfully held. The decision was guided by the need to mitigate the risk of COVID-19 transmission in prisons and the administrative directive to prioritize the release of prisoners with less than six months remaining on their sentences.
Court Disposition
sentence reduced; appellant to be released unless otherwise lawfully held
Orders
- The appellant's sentence is reduced to the period already served.
- The appellant shall be released from custody forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRA NO. 9 OF 2019
LABAN KIPRUTO ................................................APPELLANT
=VERSUS=
REPUBLIC..........................................................RESPONDENT
[An appeal from the original conviction and sentence of the Principal Magistrate’s Court at Kabarnet Cr. Case no. 394 of 2018 delivered on the day of by Hon. V. O. Amoboko, RM]
JUDGMENT
1. The appellant was convicted on a plea of guilty and sentenced to imprisonment for three years for the offence of stealing c/s 268 as read with 275 of the Penal Code.
2. The appellant’s appeal sought a reduction of the sentence. There was delay in the preparation of the Record of Appeal and the appeal was admitted to hearing on 15/1/2020 and on 26/2/2020 set for hearing on priority basis on the 19/3/2020, when the case did not proceed on account of the partial closure of the courts in response to the CORONA virus outbreak.
NCAJ Circular on Corona Virus-19
3. However, in compliance with the direction of the Chief Justice as part of the measures adopted by National Council on the Administration of Justice (NCAJ) under its Plan to combat the threat of Corona Virus Disease - 2019 (COVID-2019) entitled Administrative and Contingency Management Plan to Mitigate COVID-19 in Kenya’s Justice Sectorissued on the 15th March 2020, in relevant part on decongestion of prisons as follows:
“8. Judges in all stations will in the meantime review the deserving cases already identified by Prison Authorities and issue appropriate revision orders in an effort to decongest the prisons….”
4. According to a List of Prisoners with pending Appeals as at 19/3/2020 and a balance of less than 6 Months, the appellant is identified as one of two cases due for release with remission in under six months, on the 02 May 2020, which is barely a month away.
5. Under section 348 of the criminal Procedure Code, the appellant, who pleaded guilty to the charge in the trial court, could only appeal from the legality or severity of sentence.
6. As regards the sentence, and in accordance with the NACJ guidelines for decongestion of prisons, the court finds it appropriate pursuant to section 354 (3) (b) of the Criminal Procedure Code to review the sentence imposed on the appellant and reduce it to a sentence of imprisonment for the period already served so that the appellant may forthwith be released from custody in furtherance of the NCAJ’s decongestion measures.
Orders
7. There shall, therefore, be an order of the court directing the release of the appellant from custody, unless he is otherwise lawfully held.
Order accordingly.
DATED AND DELIVERED THIS 24TH DAY OF MARCH 2020.
EDWARD M. MURIITHI
JUDGE
Appearances:
Appellant in person.
Ms. Kitilit, Prosecution Counsel for the Respondent.