REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.53 OF 2020
BENSON GICHAMBA MWANGI..........APPLICANT
VERSUS
REPUBLIC............................................RESPONDENT
(Revision of the Original Sentence dated 27.1.2020 in Nanyuki Criminal Case No.68 of 2020)
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, BENSON GICHAMBA MWANGI, was on 27.01.2020 sentenced to a fine of Kshs.10,000= and in default to serve six (6) months imprisonment for the offence of stealing contrary to Section 268(1) & 275 of the Penal Code. He did not pay the fine.
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 9TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT