[2020] KEHC 7234 (KLR)
The court exercised its revisionary jurisdiction to set aside the custodial sentence imposed on the applicant for possession of narcotic drugs, substituting it with the term already served. This decision was made in light of the COVID-19 emergency, recognizing the need to decongest prisons and protect public health,...
Source-derived case information.
- Citation
- [2020] KEHC 7234 (KLR)
- Parties
- Applicant: Martin Kigogo Ireri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 11 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Sentence set aside and substituted with term already served; applicant to be released unless otherwise lawfully held.
- Legal Topics
- Narcotic Drugs Possession, Sentencing Revision, Covid 19 Emergency Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Kigogo Ireri
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed for possession of narcotic drugs should be revised in light of the COVID-19 emergency.
- 2 Whether the court has the power to substitute the original sentence with the term already served.
Ratio Decidendi
The court exercised its revisionary jurisdiction to set aside the custodial sentence imposed on the applicant for possession of narcotic drugs, substituting it with the term already served. This decision was made in light of the COVID-19 emergency, recognizing the need to decongest prisons and protect public health, and pursuant to the court's powers under the Constitution and the Criminal Procedure Code. The court found that the circumstances justified immediate release, provided there was no other lawful reason for detention.
Court Disposition
Sentence set aside and substituted with term already served; applicant to be released unless otherwise lawfully held.
Orders
- The sentence of 1 ½ years imprisonment is set aside and substituted with 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.11 OF 2020
MARTIN KIGOGO IRERI.....APPLICANT
VERSUS
REPUBLIC..........................RESPONDENT
(Revision of the Original Sentence dated 24. 10. 2019 in Nanyuki Criminal Case No.1196 of 2018 – L. Mutai, CM)
23/03/2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. The convict herein, MARTIN KIGOGO IRERI, was on 24. 10. 2019 sentenced to 1 ½ years imprisonment for the offence of being in possession of narcotic drugs contrary to Section 3(1) and (2) (a) of Act No.4 of 1994.
2. Because of the Coronavirus (COVID – 19) emergency, and in exercise of the powers of this court under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code, I hereby set aside that sentence and substitute therefore 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