[2020] KEHC 6888 (KLR)
The court exercised its revisionary jurisdiction to set aside the custodial sentence imposed on the applicant, substituting it with the period already served. This decision was guided by the urgent need to decongest prisons during the COVID-19 pandemic, the powers conferred by the Criminal Procedure Code, and the...
Source-derived case information.
- Citation
- [2020] KEHC 6888 (KLR)
- Parties
- Applicant: Peter Mburu Wangui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 43 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
- Judges
- DW Mbuteti
- Legal Topics
- Sentencing Revision, Prison Decongestion, Covid19 Measures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mburu Wangui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant should be revised in light of the COVID-19 crisis and the need to decongest prisons.
- 2 Whether the court has the power to substitute the sentence with time served.
Ratio Decidendi
The court exercised its revisionary jurisdiction to set aside the custodial sentence imposed on the applicant, substituting it with the period already served. This decision was guided by the urgent need to decongest prisons during the COVID-19 pandemic, the powers conferred by the Criminal Procedure Code, and the constitutional imperative to promote substantive justice. The court found that the exceptional public health crisis justified a departure from the original sentence, and that the applicant should be released 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 eleven months imprisonment is set aside and substituted with the time already served.
- The applicant 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.43 OF 2020
PETER MBURU WANGUI.................APPLICANT
VERSUS
REPUBLIC.......................................RESPONDENT
(Revision of the Original Sentence dated 27. 11. 19 in Nanyuki Criminal Case No.1505 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, PETER MBURU WANGUI was on 27. 11. 19 sentenced to eleven (11) months imprisonment for the offence of Stealing contrary to Section 261 & 275 of the Penal Code.
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 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