[2020] KEHC 7244 (KLR)

[2020] KEHC 7244 (KLR)

The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code to set aside the original custodial sentence of two years imprisonment for illegal possession of narcotic drugs. The court substituted the sentence with the term already served, citing the exceptional...

Source-derived case information.

Citation
[2020] KEHC 7244 (KLR)
Parties
Applicant: Nicholas Mwiti Njoka; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Case Number
Criminal Revision 12 of 2020
Procedural Posture
Criminal Revision / Order on Revision
Outcome
Sentence revised; applicant released.
Legal Topics
Narcotic Offences, Sentencing Revision
Source Language
en
Criminal Law Narcotic Offences Sentencing Revision

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Summary, issues, holding and outcome

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Parties

Nicholas Mwiti Njoka

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Order on Revision

Legal Issues

  1. 1 Whether the sentence imposed for illegal possession of narcotic drugs should be revised in light of the COVID-19 pandemic.
  2. 2 Whether the court has jurisdiction to substitute the original sentence with time served.

Ratio Decidendi

The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code to set aside the original custodial sentence of two years imprisonment for illegal possession of narcotic drugs. The court substituted the sentence with the term already served, citing the exceptional circumstances presented by the COVID-19 pandemic. The decision was guided by the need to decongest prisons and protect the health of inmates, recognizing that the applicant had already served part of the sentence and that continued incarceration was not justified in the prevailing public health context.

Court Disposition

Sentence revised; applicant released.

Orders

  • The original sentence of two years imprisonment is set aside and substituted with the term already served.
  • The convict shall be set at liberty forthwith unless lawfully held for another reason.