[2020] KEHC 6816 (KLR)
The court found that, due to the exceptional circumstances of the COVID-19 pandemic and the need to decongest prisons, it was just and proper to set aside the default custodial sentence imposed on the applicant for non-payment of a fine. Exercising its revisionary jurisdiction under the Criminal Procedure Code and...
Source-derived case information.
- Citation
- [2020] KEHC 6816 (KLR)
- Parties
- Applicant: Simon Moyare; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 71 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, Default Sentence, Covid19 Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Moyare
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default custodial sentence imposed for non-payment of fine should be revised in light of the COVID-19 crisis and decongestion efforts.
- 2 Whether the court has jurisdiction to substitute the default sentence with time served under the relevant constitutional and statutory provisions.
Ratio Decidendi
The court found that, due to the exceptional circumstances of the COVID-19 pandemic and the need to decongest prisons, it was just and proper to set aside the default custodial sentence imposed on the applicant for non-payment of a fine. Exercising its revisionary jurisdiction under the Criminal Procedure Code and guided by constitutional principles of justice, the court substituted the default sentence with the period already served, thereby ordering the applicant's immediate release unless otherwise lawfully held.
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 ten months 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.71 OF 2020
SIMON MOYARE.........................................APPLICANT
VERSUS
REPUBLIC.................................................RESPONDENT
(Revision of the Original Sentence dated 13. 09. 2019 in Nanyuki Criminal Case No.18 of 2019)
07. 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,SIMON MOYARE, was on 13. 09. 2019 sentenced to a fine of Kshs.30,000= and in default to serve ten (10) months imprisonment for the offence of Packaging Alcoholic drinks in unlawful manner contrary to Section 91A(1) & (2) of the Customs & Excise Act, Cap 474. 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 Sections 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 7TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT