[2020] KEHC 6819 (KLR)
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for non-payment of a fine, substituting it with the period already served. This was justified by the extraordinary circumstances of the COVID-19 pandemic and the need to decongest prisons to protect...
Source-derived case information.
- Citation
- [2020] KEHC 6819 (KLR)
- Parties
- Applicant: Shem Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 44B of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Default custodial sentence set aside and substituted with time served; applicant to be released unless otherwise lawfully held.
- Legal Topics
- Sentencing Revision, Prison Decongestion, Covid19 Measures, Illegal Charcoal Making
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shem Mwangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default custodial sentence for non-payment of fine should be revised in light of the COVID-19 crisis.
- 2 Whether the court has jurisdiction to substitute the sentence already imposed.
Ratio Decidendi
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for non-payment of a fine, substituting it with the period already served. This was justified by the extraordinary circumstances of the COVID-19 pandemic and the need to decongest prisons to protect public health. The court relied on its powers under the Criminal Procedure Code and the Constitution to promote substantive justice and public interest, finding that continued incarceration for default of fine payment was not warranted in the prevailing circumstances.
Court Disposition
Default custodial sentence set aside and substituted with time served; applicant to be released unless otherwise lawfully held.
Orders
- The default sentence of 6 months imprisonment is set aside and substituted with time already served.
- The convict shall be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.44B OF 2020
SHEM MWANGI...........................................................APPLICANT
VERSUS
REPUBLIC..................................................................RESPONDENT
(Revision of the Original Sentence dated 13. 12. 2019 i
n Nanyuki Criminal Case No.1601 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, SHEM MWANGI, was on 13. 12. 2019 sentenced to a fine of Kshs.25,000= and in default to serve 6 months imprisonment for the offence of Illegal charcoal making in a government forest contrary to Section 67(1)(e) of the Forest Control and Management Act, 2016. He did not pay the fine.
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 9TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT