[2020] KEHC 6853 (KLR)

[2020] KEHC 6853 (KLR)

The court exercised its revisionary jurisdiction to set aside the custodial sentence imposed on the applicant for the offence of stealing, substituting it with the period already served. This decision was guided by the need to decongest prisons in light of the COVID-19 pandemic, the powers conferred by the Criminal...

Source-derived case information.

Citation
[2020] KEHC 6853 (KLR)
Parties
Applicant: Wilberforce Amkonyi; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Case Number
Criminal Revision 40 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
Stealing Offence, Sentencing Revision, Prison Decongestion
Source Language
en
Criminal Law Stealing Offence Sentencing Revision Prison Decongestion

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Summary, issues, holding and outcome

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Parties

Wilberforce Amkonyi

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Order on Revision

Legal Issues

  1. 1 Whether the sentence imposed on the applicant should be revised in light of the COVID-19 crisis and the need to decongest prisons.
  2. 2 Whether the court has the power to substitute the sentence with time served.

Ratio Decidendi

The court exercised its revisionary jurisdiction to set aside the custodial sentence imposed on the applicant for the offence of stealing, substituting it with the period already served. This decision was guided by the need to decongest prisons in light of the COVID-19 pandemic, the powers conferred by the Criminal Procedure Code, and the constitutional imperative to promote substantive justice. The court found that continued incarceration was not justified under the prevailing public health emergency and that the applicant had served a sufficient portion of the sentence to warrant release.

Court Disposition

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

Orders

  • The sentence of eight months imprisonment is set aside and substituted with the period already served.
  • The applicant shall be released forthwith unless otherwise lawfully held.