[2020] KEHC 6826 (KLR)

[2020] KEHC 6826 (KLR)

The High Court, exercising its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code and guided by Article 159(2) of the Constitution, found it appropriate to set aside the applicant's custodial sentence for obtaining money by false pretences and substitute it with the period already...

Source-derived case information.

Citation
[2020] KEHC 6826 (KLR)
Parties
Applicant: Veronica Mbiya Zakayao; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Case Number
Criminal Revision 72 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
Judges
DW Mbuteti
Legal Topics
Obtaining Money by False Pretences, Sentencing Revision, Prison Decongestion, Covid19 Related Orders
Source Language
en
Criminal Law Obtaining Money by False Pretences Sentencing Revision Prison Decongestion Covid19 Related Orders

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Summary, issues, holding and outcome

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Parties

Veronica Mbiya Zakayao

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Order on Revision

Legal Issues

  1. 1 Whether the sentence imposed on the applicant for obtaining money by false pretences should be revised in light of the COVID-19 crisis.
  2. 2 Whether the court has the power to substitute the custodial sentence with time already served to decongest prisons.

Ratio Decidendi

The High Court, exercising its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code and guided by Article 159(2) of the Constitution, found it appropriate to set aside the applicant's custodial sentence for obtaining money by false pretences and substitute it with the period already served. This decision was driven by the extraordinary circumstances of the COVID-19 pandemic and the urgent need to decongest prisons to protect public health. The court determined that the interests of justice would be served by releasing the applicant, given the concurrent sentences and the time already served, unless otherwise lawfully held.

Court Disposition

sentence set aside and substituted with time served; applicant to be released unless otherwise lawfully held

Orders

  • The sentences imposed on the applicant are set aside and substituted with the time already served (concurrent).
  • The applicant shall be set at liberty forthwith unless otherwise lawfully held.