[2020] KEHC 7215 (KLR)

[2020] KEHC 7215 (KLR)

The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, taking into account the prevailing COVID-19 emergency and the need to decongest prisons. The sentence of three years imprisonment imposed on the applicant for stealing by servant was set aside and substituted...

Source-derived case information.

Citation
[2020] KEHC 7215 (KLR)
Parties
Applicant: Paul Ndirangu Nganga; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Case Number
Criminal Revision 13 of 2020
Procedural Posture
Criminal Revision / Order on Revision
Outcome
Sentence revised; applicant to be released unless otherwise lawfully held.
Legal Topics
Stealing by Servant, Sentencing Revision, Covid 19 Emergency, Powers of High Court
Source Language
en
Criminal Law Stealing by Servant Sentencing Revision Covid 19 Emergency Powers of High Court

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Parties

Paul Ndirangu Nganga

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Order on Revision

Legal Issues

  1. 1 Whether the sentence imposed on the applicant for stealing by servant should be revised in light of the COVID-19 emergency.
  2. 2 Whether the High Court has the power to set aside and substitute the sentence already served.

Ratio Decidendi

The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, taking into account the prevailing COVID-19 emergency and the need to decongest prisons. The sentence of three years imprisonment imposed on the applicant for stealing by servant was set aside and substituted with the term already served. The court found that this was a just and appropriate remedy in the circumstances, balancing the interests of justice, public health, and the powers conferred by the Constitution and statute.

Court Disposition

Sentence revised; applicant to be released unless otherwise lawfully held.

Orders

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