[2020] KEHC 6831 (KLR)
The court found that, due to the COVID-19 pandemic and the urgent need to decongest prisons, it was just and proper to set aside the default custodial sentence imposed on the convict for non-payment of a fine for illegal removal of forest produce. Exercising its revisionary jurisdiction under the Criminal Procedure...
Source-derived case information.
- Citation
- [2020] KEHC 6831 (KLR)
- Parties
- Applicant: Zacharino Muture; Respondent: Republic; Defendant: Nalickson Muriithi Gatero
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 41 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Default custodial sentence set aside and substituted with time served; convict to be released unless otherwise lawfully held.
- Judges
- DW Mbuteti
- Legal Topics
- Sentencing Revision, Forest Offences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zacharino Muture
Applicant
Republic
Respondent
Nalickson Muriithi Gatero
Defendant
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default custodial sentence should be set aside in light of the COVID-19 crisis and prison decongestion efforts.
- 2 Whether the court has the power to revise the sentence imposed by the trial court for the offence under the Forest Control and Management Act, 2016.
Ratio Decidendi
The court found that, due to the COVID-19 pandemic and the urgent need to decongest prisons, it was just and proper to set aside the default custodial sentence imposed on the convict for non-payment of a fine for illegal removal of forest produce. 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 immediate release of the convict unless otherwise lawfully held.
Court Disposition
Default custodial sentence set aside and substituted with time served; convict to be released unless otherwise lawfully held.
Orders
- The default sentence of 12 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
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.41 OF 2020
ZACHARINO MUTURE...................APPLICANT
VERSUS
REPUBLIC.....................................RESPONDENT
(Revision of the Original Sentence dated 18. 11. 19 in Nanyuki Criminal Case No.1477 of 2019)
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, NALICKSON MURIITHI GATERO, was on 18. 11. 2019 sentenced to a fine of Kshs.50,000= and in default ot serve 12 months imprisonment for the offence of illegal removal of forest produce contrary to Section 64(1)(a) & (2) of the Forest Control and Management Act, 2016. 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