[2020] KEHC 7178 (KLR)

[2020] KEHC 7178 (KLR)

The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, taking into account the extraordinary circumstances presented by the COVID-19 pandemic. The judge found that it was just and expedient to set aside the original cumulative sentence of two years imprisonment...

Source-derived case information.

Citation
[2020] KEHC 7178 (KLR)
Parties
Applicant: Michael Gitonga Ireri; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Judgment Date
23 March 2020
Case Number
Criminal Revision 6 of 2020
Procedural Posture
Criminal Revision / Order on Revision
Outcome
sentence set aside and substituted with time served; applicant to be released unless otherwise lawfully held
Legal Topics
Sentencing Revision, Handling Stolen Property, Possession of Narcotic Drugs
Source Language
english
Criminal Law Sentencing Revision Handling Stolen Property Possession of Narcotic Drugs

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Parties

Michael Gitonga Ireri

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Order on Revision

Legal Issues

  1. 1 Whether the sentence imposed on the convict should be revised in light of the COVID-19 emergency.
  2. 2 Whether the court has the power to substitute the sentence with time already served.

Ratio Decidendi

The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, taking into account the extraordinary circumstances presented by the COVID-19 pandemic. The judge found that it was just and expedient to set aside the original cumulative sentence of two years imprisonment for handling stolen property and possession of narcotic drugs, and to substitute it with a sentence equivalent to the period already served. This decision was grounded in the court's constitutional mandate to administer justice without undue regard to procedural technicalities and to consider the broader public interest, including the health and safety of prisoners during a...

Court Disposition

sentence set aside and substituted with time served; applicant to be released unless otherwise lawfully held

Orders

  • The sentences imposed upon the convict are set aside and substituted with the time already served.
  • The convict shall be set at liberty forthwith unless otherwise lawfully held.