REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.99 OF 2020
DAVID MULI KINYUA......................................................APPLICANT
VERSUS
REPUBLIC......................................................................RESPONDENT
(Revision of the Original Sentence dated 07.05.2020 in Nanyuki
Criminal Case No.393 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, DAVID MULI KINYUA, was convicted upon his own plea of Breach of Curfew Order contrary to Order 3 of the Public Order (State Curfew) Order, 2020 as read with Section 8(6) of the Public Order Act, Cap 56.
3. On 07.05.2020 the Convict was sentenced to a fine of Kshs.10,000= and in default of payment, to serve eight (8) months imprisonment. He did not pay the fine.
4. The default term of imprisonment of eight (8) months is illegal. It should not exceed three (3) months imprisonment for a fine of Kshs.10,000/00. See Section 28(2) of the Penal Code.
5. In the circumstances, I will set aside that term of imprisonment of six (6) months.
6. Because of the Coronavirus (COVID-19) crisis in our country, and in order to assist in de-congesting the prisons, I shall substitute a term of imprisonment equivalent to the time 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