Wilberforce Amkonyi v Republic [2020] KEHC 6853 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NANYUKI

CRIMINAL REVISION NO.40 OF 2020

WILBERFORCE AMKONYI..........APPLICANT

VERSUS

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

(Revision of the Original Sentence dated 4. 11. 19 in Nanyuki Criminal Case No.1423 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, WILBERFORCE AMKONYI, was on 4. 11. 19 sentenced to eight (8) months imprisonment for the offence of Stealing contrary to Section 268 & 275 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 sentence and substitute therefore the time already served.

4. The convict shall therefore be set at liberty forthwith unless otherwiselawfully 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