[2020] KEHC 4596 (KLR)
The High Court found that the default sentence of three months' imprisonment for non-payment of a Kshs.3,000 fine, imposed upon the applicant for breach of curfew order, was lawful under Section 28(2) of the Penal Code. The court further held that, given the public health rationale for the curfew (to curb the spread...
Source-derived case information.
- Citation
- [2020] KEHC 4596 (KLR)
- Parties
- Applicant: Martin Mwiti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 109 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- application for revision refused and dismissed
- Legal Topics
- Breach of Curfew Order, Sentencing Principles, Public Order Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Mwiti
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed for breach of curfew order was lawful and appropriate.
- 2 Whether the court should revise or interfere with the sentence imposed by the trial court.
Ratio Decidendi
The High Court found that the default sentence of three months' imprisonment for non-payment of a Kshs.3,000 fine, imposed upon the applicant for breach of curfew order, was lawful under Section 28(2) of the Penal Code. The court further held that, given the public health rationale for the curfew (to curb the spread of Covid-19), the sentence was not manifestly harsh or excessive. Consequently, there was no basis for the court to interfere with or revise the sentence imposed by the trial court.
Court Disposition
application for revision refused and dismissed
Orders
- The request for revision is refused and dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.109 OF 2020
MARTIN MWITI..............................................................APPLICANT
VERSUS
REPUBLIC..................................................................RESPONDENT
(Revision of the Original conviction and Sentence in Nanyuki Criminal Case No.507 of 2020 – V. Masivo - RM)
25. 06. 2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. Upon application herein by the convict herein, MARTIN MWITI, I have called for and examined the record of the trial court regarding the sentence imposed upon the convict. He was convicted upon his own plea of Breach of Curfew Order contrary to Order 3 of the Public Order (State Curfew) Order, 2020 as read with Section 8(6) of the Public Order Act, Cap 56.
2. On 22/5/2020 the convict was sentenced to a fine of Kshs.3,000/00 and in default of payment to serve three (3) monts imprisonment. He did not pay the fine and is serving the default sentence.
3. The default sentence is lawful under Section 28(2) of the Penal Code, Cap 63.
4. Considering the public health reason for the curfew in place (to curb the spread of the Coronavirus Covid-19 pandemic), the sentence is not manifestly harsh or excessive, and I decline to interfere with it.
5. The request for revision is therefore refused and dismissed. It is so ordered.
Dated at Nanyuki this 25th day of June 2020.
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT