Case ID:158378

Victor Nakure v Republic [2020] eKLR

Case Metadata

Case Number:

Criminal Revision 5 of 2020

Parties:

Victor Nakure v Republic

Date Delivered:

24 Mar 2020

Case Class:

Criminal

Court:

High Court at Kabarnet

Case Action:

Revision

Judge(s):

Edward Muthoga Muriithi

Citation:

Victor Nakure v Republic [2020] eKLR

Advocates:

Ms. Kitilit, Prosecution Counsel for the Respondent.

Court Division:

Criminal

County:

Baringo

Advocates:

Ms. Kitilit, Prosecution Counsel for the Respondent.

History Advocates:

One party or some parties represented

Case Outcome:

Revision allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KABARNET

H.C.C.R. REV. NO. 5 OF 2020

VICTOR NAKURE..................................................APPELLANT

VERSUS

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

REVISION ORDER

1. The Court is mindful of the direction of the Chief Justice as part of the measures adopted by National Council on the Administration of Justice (NCAJ) under its Plan to combat the threat of Corona Virus Disease - 2019 (COVID-2019) entitled

Administrative and Contingency Management Plan to Mitigate COVID-19 in Kenya’s Justice Sector

issued on the 15

th

March 2020, in relevant part on decongestion of prisons as follows:

“8. Judges in all stations will in the meantime review the deserving cases already identified by Prison Authorities and issue appropriate revision orders in an effort to decongest the prisons….”

2. In exercise of the revisionary powers of the High Court and, having considered the sentence, and in accordance with the NACJ guidelines for decongestion of prisons, the court finds it appropriate pursuant to section 364 of the Criminal Procedure Code to revise the sentence imposed on the appellant and reduce it to a sentence of imprisonment for the period already served so that the appellant may forthwith be released from custody, in furtherance of the NCAJ’s decongestion measures.

Orders

3. There shall, therefore, be an order of the court directing the release of the appellant from custody, unless he is otherwise lawfully held.

Order accordingly.

DATED AND DELIVERED THIS 24

TH

DAY OF MARCH 2020.

EDWARD M. MURIITHI

JUDGE

Appearances:

Appellant in person.

Ms. Kitilit, Prosecution Counsel for the Respondent.