Petro Lengoyoni v Republic [2020] KEHC 6835 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NANYUKI

CRIMINAL REVISION NO.88 OF 2020

PETRO LENGOYONI.................APPLICANT

VERSUS

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

(Revision of the Original Sentence dated 29. 10. 19  in Maralal Criminal Case No.471 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, PETRO LENGOYONI, was on 29. 10. 19 sentenced to one (1) imprisonment (Concurrent) on two counts for the offences of Housebreaking contrary to Section 304(1)(a) and stealing in a dwelling house contrary to Section 279 (b), both of the Penal Code.

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 sentences and substitute therefore the time already served (Concurrent).

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