[2020] KEHC 7222 (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 need to decongest prisons and protect inmates' health during the COVID-19 pandemic, in line with constitutional principles and...
Source-derived case information.
- Citation
- [2020] KEHC 7222 (KLR)
- Parties
- Applicant: Silas Kiogora Koinanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 19 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
- Legal Topics
- Sentence Revision, Stealing Offence, Covid 19 Implications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas Kiogora Koinanga
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.
- 2 Whether the time already served is sufficient punishment for the offence of stealing.
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 need to decongest prisons and protect inmates' health during the COVID-19 pandemic, in line with constitutional principles and statutory powers. The court found that the time already served constituted sufficient punishment for the offence of stealing, given the exceptional public health circumstances.
Court Disposition
sentence set aside and substituted with time served; applicant to be released unless otherwise lawfully held
Orders
- The sentence of 1 ½ years 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
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.19 OF 2020
SILAS KIOGORA KOINANGA....................................APPLICANT
VERSUS
REPUBLIC...................................................................RESPONDENT
(Revision of the Original Sentence dated 25. 07. 2019 in Nanyuki Criminal Case No.622 of 2019 – L.Mutai, CM)
23/03/2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. The Convict herein, SILAS KIOGORA KOINANGA, was on 25. 07. 2019 sentenced to 1 ½ years imprisonment for the offence of Stealing contrary to Section 268 and 275 of the Penal Code.
2. Because of the current Coronavirus (COVID – 19) crisis facing the country, and in exercise of the powers of the court under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure code, I hereby set aside that sentence and substitute therefor the time already served.
3. The convict shall be set at liberty forthwith unless otherwise lawfully held. It is so ordered.
DATED AT NANYUKI THIS 23RD DAY OF MARCH, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT