[2020] KEHC 6891 (KLR)
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for the offence of stealing by agent, substituting it with the period already served. This decision was guided by the need to decongest prisons during the COVID-19 pandemic and the court's powers...
Source-derived case information.
- Citation
- [2020] KEHC 6891 (KLR)
- Parties
- Applicant: Nalickson Muriithi Gatero; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 25 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Default custodial sentence set aside and substituted with time served; applicant to be released unless otherwise lawfully held.
- Legal Topics
- Stealing by Agent, Sentencing Revision, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nalickson Muriithi Gatero
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default custodial sentence imposed for the offence of stealing by agent should be revised in light of the COVID-19 crisis.
- 2 Whether the court has the power to substitute the default sentence with time already served.
Ratio Decidendi
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for the offence of stealing by agent, substituting it with the period already served. This decision was guided by the need to decongest prisons during the COVID-19 pandemic and the court's powers under the Criminal Procedure Code and the Constitution to promote substantive justice and respond to prevailing public health concerns. The applicant, having not paid the fine, was serving a custodial sentence, but the extraordinary circumstances warranted a departure from the original sentence to safeguard public health and uphold the principles of justice.
Court Disposition
Default custodial sentence set aside and substituted with time served; applicant to be released unless otherwise lawfully held.
Orders
- The default sentence of ten months imprisonment is set aside and substituted with the time already served.
- The convict shall be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.25 OF 2020
NALICKSON MURIITHI GATERO.………………………..…………APPLICANT
VERSUS
REPUBLIC …………………………..…………………………………RESPONDENT
(Revision of the Original Sentence dated 24. 09. 19 in Nanyuki Criminal Case No.876 of 2019)
09. 04. 2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. I have examined the trial court record.
2. The convict herein, NALICKSON MURIITHI GATERO, was on 24. 09. 2019 sentenced to a fine of Kshs.30,000= and in default to serve ten (10) months imprisonment for the offence of stealing by agent contrary to Section 283(b) of the Penal code. He did not pay the fine.
3. Because of the current Coronavirus (COVID -19) crisis in our country, and in an effort to de-congest the prisons, and in exercise of the powers of the Court under Article 159(2) of the Constitution and Section 362 & 364 of the Criminal Procedure Code, I hereby set aside the default sentence and substitute therefore the time already served.
4. The convict shall therefore be set at liberty forthwith unless otherwise lawfully held.
5. It is so ordered.
DATED AT NANYUKI THIS 9TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT