[2020] KEHC 6822 (KLR)
The court exercised its revisionary jurisdiction to set aside the default custodial sentence imposed on the applicant for non-payment of a fine for illegal possession of narcotic drugs. The decision was primarily motivated by the exceptional circumstances presented by the COVID-19 pandemic and the urgent need to...
Source-derived case information.
- Citation
- [2020] KEHC 6822 (KLR)
- Parties
- Applicant: Zacharia Murimi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 50 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- default custodial sentence set aside; substituted with time served; applicant to be released unless otherwise lawfully held
- Legal Topics
- Narcotic Offences, Sentencing Revision, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zacharia Murimi
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 set aside in light of the COVID-19 crisis.
- 2 Whether the court has jurisdiction to revise the sentence under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code.
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 for illegal possession of narcotic drugs. The decision was primarily motivated by the exceptional circumstances presented by the COVID-19 pandemic and the urgent need to decongest prisons to protect public health. The court found that it was just and expedient to substitute the default sentence with the period already served, thereby ordering the applicant's immediate release unless otherwise lawfully held. This was done pursuant to the court's powers under Article 159(2) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code.
Court Disposition
default custodial sentence set aside; substituted with time served; applicant to be released unless otherwise lawfully held
Orders
- The default sentence of one year 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.50 OF 2020
ZACHARIA MURIMI.......................................APPLICANT
VERSUS
REPUBLIC.....................................................RESPONDENT
(Revision of the Original Sentence dated 28. 1.2020
in Nanyuki Criminal Case No.30 of 2020)
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, ZACHARIA MURIMI, was on 28. 01. 2020 sentenced to a fine of Kshs.20,000= and in default to serve one (1) year imprisonment for the offence of illegal possession of Narcotic drugs contrary to Section 3(2)(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act, No.4 of 1994. 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