Daniel Kariuki v Republic [2020] KEHC 6825 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NANYUKI

CRIMINAL REVISION NO.75 OF 2020

DANIEL KARIUKI.........................APPLICANT

VERSUS

REPUBLIC...................................RESPONDENT

(Revision of the Original Sentence dated 06. 01. 20  in Maralal Traffic Case No.124 of 2019)

08. 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, DANIEL KARIUKI, was on 06. 01. 20 sentenced to pay three fines in the total sum of Kshs.24,000= and in default to serve a cumulative sentence of eight (8) months imprisonment for three traffic offences under the Traffic Act, Cap 403. He did not pay the fine and is serving the default sentences.

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 8TH DAY OF APRIL, 2020

H.P.G. WAWERU

JUDGE.

DEPUTY REGISTRAR

NANYUKI HIGH COURT