[2020] KEHC 6835 (KLR)
The court exercised its revisionary jurisdiction to set aside the applicant's custodial sentence and substitute it with the period already served, citing the urgent need to decongest prisons during the COVID-19 pandemic. The decision was grounded in the court's constitutional and statutory mandate to promote justice...
Source-derived case information.
- Citation
- [2020] KEHC 6835 (KLR)
- Parties
- Applicant: Petro Lengoyoni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 88 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
- Housebreaking, Sentencing Revision, Prison Decongestion, Covid 19 Measures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Petro Lengoyoni
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the applicant's sentence 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 original sentence with time already served.
Ratio Decidendi
The court exercised its revisionary jurisdiction to set aside the applicant's custodial sentence and substitute it with the period already served, citing the urgent need to decongest prisons during the COVID-19 pandemic. The decision was grounded in the court's constitutional and statutory mandate to promote justice and public health, and the absence of opposition from the prosecution. The court found that the exceptional circumstances justified the early release of the applicant, provided there was no other lawful reason for continued detention.
Court Disposition
Sentence set aside and substituted with time served; applicant to be released unless otherwise lawfully held.
Orders
- The sentences imposed on the applicant are set aside and substituted with the time already served (concurrent).
- The applicant shall be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.88 OF 2020
PETRO LENGOYONI.................APPLICANT
VERSUS
REPUBLIC...............................RESPONDENT
(Revision of the Original Sentence dated 29. 10. 19 in Maralal Criminal Case No.471 of 2019)
08. 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, PETRO LENGOYONI, was on 29. 10. 19 sentenced to one (1) imprisonment (Concurrent) on two counts for the offences of Housebreaking contrary to Section 304(1)(a) and stealing in a dwelling house contrary to Section 279 (b), both 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 sentences and substitute therefore the time already served (Concurrent).
4. The convict shall therefore be set at liberty forthwith unless otherwise lawfully held.
5. It is so ordered.
DATED AT NANYUKI THIS 8TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE
DEPUTY REGISTRAR
NANYUKI HIGH COURT