Joseph Wachira v Republic [2020] KEHC 5695 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NANYUKI

CRIMINAL REVISION NO.101 OF 2020

JOSEPH WACHIRA ............................................APPLICANT

VERSUS

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

(Revision of the Original Sentence dated 06. 05. 2020 in Nanyuki Criminal Case  No.366 of 2020 – L. Mutai, CM)

27. 05. 2020

Before Justice H P G Waweru

In Chambers

ORDER ON REVISION

1. Upon request by the Convict herein, I have called for and examined the record of the trial court.

2. The Convict, JOSEPH WACHIRA MURIUKI, was convicted upon his own plea ofBreach of Curfew Ordercontrary toOrder 3of thePublic Order (State Curfew) Order, 2020as read withSection 8(6)of thePublic Order Act, Cap 56.

3. On 06. 05. 2020 he was sentenced to a fine of Kshs.10,000= and in default of payment to serve six (6) months imprisonment. He did not pay the fine.

4.  The default sentence is illegal.  It should not have exceeded imprisonment for three (3) months. SeeSection 28(2) of thePenal Code.

5.  In the circumstances I will set aside the term of imprisonment of six months.

6. Because of the Coronavirus (COVID-19) crisis in our country, and in order to assist in de-congesting our prisons, I will substitute therefore thetime already served by the Convict.

7.  That means that the Convict shall be set at liberty forthwith unless otherwise lawfully held. It is so ordered.

DATED AT NANYUKI THIS 27TH DAY OF MAY, 2020

H.P.G. WAWERU

JUDGE.

DEPUTY REGISTRAR

NANYUKI HIGH COURT