[2020] KEHC 7179 (KLR)

[2020] KEHC 7179 (KLR)

The court exercised its revisionary jurisdiction to set aside the custodial sentence imposed on the applicant for assault causing actual bodily harm, substituting it with the period already served. The decision was primarily influenced by the extraordinary circumstances presented by the COVID-19 pandemic, which...

Source-derived case information.

Citation
[2020] KEHC 7179 (KLR)
Parties
Applicant: Paul Kirimi; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Case Number
Criminal Revision 17 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
Assault, Sentencing, Revision of Sentence
Source Language
en
Criminal Law Assault Sentencing Revision of Sentence

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Parties

Paul Kirimi

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Order on Revision

Legal Issues

  1. 1 Whether the sentence of imprisonment imposed on the applicant should be revised in light of the COVID-19 crisis.

Ratio Decidendi

The court exercised its revisionary jurisdiction to set aside the custodial sentence imposed on the applicant for assault causing actual bodily harm, substituting it with the period already served. The decision was primarily influenced by the extraordinary circumstances presented by the COVID-19 pandemic, which necessitated decongestion of prisons to safeguard public health. The court found it just and appropriate to release the applicant, given the time already served and the prevailing national crisis, unless otherwise lawfully held.

Court Disposition

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

Orders

  • The sentence of 2 years imprisonment is set aside and substituted with time already served.
  • The convict shall be set at liberty forthwith unless otherwise lawfully held.