[2020] KEHC 6871 (KLR)
The court found that, due to the COVID-19 pandemic and the need to decongest prisons, it was just and proper to set aside the default sentence of imprisonment imposed on the applicant for failing to pay a fine for stealing by servant. Exercising its revisionary jurisdiction under Article 159(2) of the Constitution...
Source-derived case information.
- Citation
- [2020] KEHC 6871 (KLR)
- Parties
- Applicant: Rose Wairimu Wanjiru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Revision Case 83 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- default sentence set aside; substituted with time served; applicant to be released unless otherwise lawfully held
- Legal Topics
- Stealing by Servant, Sentencing, Criminal Revision, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Wairimu Wanjiru
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default sentence of imprisonment should be set aside in light of the COVID-19 crisis and efforts to decongest prisons.
- 2 Whether the court has the power to substitute the default sentence with time already served.
Ratio Decidendi
The court found that, due to the COVID-19 pandemic and the need to decongest prisons, it was just and proper to set aside the default sentence of imprisonment imposed on the applicant for failing to pay a fine for stealing by servant. Exercising its revisionary jurisdiction under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code, the court substituted the default sentence with the period already served, ordering the applicant's immediate release unless otherwise lawfully held.
Court Disposition
default sentence set aside; substituted with time served; applicant to be released unless otherwise lawfully held
Orders
- The default sentence of imprisonment is set aside and substituted with the time already served.
- The convict 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.83 OF 2020
ROSE WAIRIMU WANJIRU..........................APPLICANT
VERSUS
REPUBLIC...................................................RESPONDENT
(Revision of the Original Sentence dated 23. 07. 19 in Nanyuki Criminal Case No.891 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, ROSE WAIRIMU WANJIRU, was on 23. 07. 19 sentenced to a fine of Kshs.30,000= and in default to serve 12 months imprisonment for the offence of Stealing by servant contrary to Section 281 of the Penal Code. She did not pay the fine and is serving the default sentence.
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 default 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 8TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT