[2016] KEHC 6830 (KLR)
The court found that the original purpose of the applicant's imprisonment was to facilitate treatment for tuberculosis and to monitor his progress. Upon evidence from the Public Health Officer confirming the applicant's full recovery and the reduced treatment period for TB, the court determined that there was no...
Source-derived case information.
- Citation
- [2016] KEHC 6830 (KLR)
- Parties
- Respondent: Republic; Applicant: Charles Waweru Mathenge
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 3 of 2016
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; applicant released
- Legal Topics
- Criminal Revision, Sentencing, Public Health Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Charles Waweru Mathenge
Applicant
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the continued imprisonment of the accused is justified after successful completion of tuberculosis treatment.
- 2 Whether the sentence should be revised in light of new medical evidence.
Ratio Decidendi
The court found that the original purpose of the applicant's imprisonment was to facilitate treatment for tuberculosis and to monitor his progress. Upon evidence from the Public Health Officer confirming the applicant's full recovery and the reduced treatment period for TB, the court determined that there was no longer a justifiable basis for continued imprisonment. The court exercised its revisionary jurisdiction to reduce the sentence to the period already served and ordered the applicant's immediate release, as his continued detention would serve no lawful or public health purpose.
Court Disposition
sentence revised; applicant released
Orders
- The sentence is reduced to the period already served.
- The accused is to be released immediately unless otherwise lawfully held.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OFV KENYA AT NYERI
(CRIMINAL DIVISION)
CRIMINAL REVISION NUMBER 3 OF 2016
Republic ……………………….............………….………….….………………….Prosecutor
VERSUS
Charles Waweru Mathenge.............………….……….……………………….……..Accused
RULING
This is a revision pursuant to the provisions of Section 362of the Criminal Procedure Code.[1] The power of the High Court under Section362 of the Criminal Procedure Code[2] is for the High Court to satisfy itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of the proceedings.
The accused was convicted on his own plea of guilty of the offence of exposing himself and members of the public to an infectious disease (Tuberculosis) contrary to Section 28 (a) of the Public Health Act[3] and was sentenced to serve one year imprisonment and the case was to be mentioned every two months to keep track of his progress.
On 1stFebruary 2016, the court received a letter from the Nyeri Sub-County Public Health Officer confirming that the period for treatment for TB has been reduced to only 6 months and that the accused has been treated and his office confirmed that he has fully recovered from TB. The accused wrote to this court on 25th January 2016 asking for a revision of the said sentence.
The reason why the accused was committed to prison was to inter alia facilitate the treatment and monitor his progress. From the aforesaid letter, it is evident that the treatment has been successful, hence there is no basis for his continued detention and that he is no longer a threat to himself and others.
I have also considered the sentence imposed and the remaining period of his sentence and I find that there is no justifiable basis to continue holding the accused in prison. Accordingly, I reduce the said sentence to the period already served. Consequently I order that the accused be released immediately unless otherwise lawfully held.
Orders accordingly
Dated at Nyeri this 25th day of February 2016.
John M. Mativo
Judge
[1]Cap 75, Laws of Kenya
[2] Ibid
[3] Cap 242, Laws of Kenya