[2020] KEHC 6252 (KLR)
The court exercised its revisionary jurisdiction to set aside the two-year imprisonment sentence imposed on the applicant for illegal possession of narcotic drugs. The decision was primarily motivated by the need to decongest prisons during the COVID-19 pandemic, in accordance with Article 159(2) of the Constitution...
Source-derived case information.
- Citation
- [2020] KEHC 6252 (KLR)
- Parties
- Applicant: Lucy Karimi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 92 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- sentence revised; applicant released
- Judges
- DW Mbuteti
- Legal Topics
- Narcotic Drugs Possession, Sentencing Revision, Covid19 Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lucy Karimi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence of two years imprisonment for illegal possession of narcotic drugs should be revised in light of the COVID-19 pandemic and relevant legal provisions.
Ratio Decidendi
The court exercised its revisionary jurisdiction to set aside the two-year imprisonment sentence imposed on the applicant for illegal possession of narcotic drugs. The decision was primarily motivated by the need to decongest prisons during the COVID-19 pandemic, in accordance with Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code. The court found that substituting the sentence with time already served was appropriate under the circumstances, balancing the interests of justice, public health, and the statutory framework governing sentence revision.
Court Disposition
sentence revised; applicant released
Orders
- The sentence of two years imprisonment is set aside and substituted with time already served.
- The applicant 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.92 OF 2020
LUCY KARIMI.......................................APPLICANT
VERSUS
REPUBLIC..........................................RESPONDENT
(Revision of the Original Sentence dated 27. 11. 2019 in Nanyuki Criminal Case No.1493 of 2019– L. Mutai, CM)
04. 05. 2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. I have examined the record of the trial court.
2. The convict, LUCY KARIMI, was convicted upon her own plea of the offence of being in illegal possession ofNarcotic Drugscontrary toSection 3(1) & (2)(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act, No.4 of 1994.
3. On 27/11/2019 the convict was sentenced to two (2) years imprisonment. Because of the current Coronavirus (COVID-19) pandemic, and in order to assist in de-congesting prisons, and in exercise of the powers of the court under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code, I will set aside the said sentence of two (2) years imprisonment and substitute therefore the time already served.
4. That means that the convict shall be set at liberty forthwith unless otherwise lawfully held. It is so ordered.
DATED AT NANYUKI THIS 4TH DAY OF MAY, 2020
H.P.G. WAWERU
JUDGE
DEPUTY REGISTRAR
NANYUKI HIGH COURT