Case ID:158554

Joseph Wachira v Republic [2020] eKLR

Case Metadata

Case Number:

Criminal Revision 101 of 2020

Parties:

Joseph Wachira v Republic

Date Delivered:

27 May 2020

Case Class:

Criminal

Court:

High Court at Nanyuki

Case Action:

Order

Judge(s):

Hatari Peter George Waweru

Citation:

Joseph Wachira v Republic [2020] eKLR

Case History:

(Revision of the Original Sentence dated 06.05.2020 in Nanyuki Criminal Case No.366 of 2020 – L. Mutai, CM)

Court Division:

Criminal

County:

Laikipia

History Docket No:

Criminal Case No.366 of 2020

History Magistrate:

L. Mutai - CM

History County:

Laikipia

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 NANYUKI

CRIMINAL REVISION NO.101 OF 2020

JOSEPH WACHIRA ............................................APPLICANT

VERSUS

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

(Revision of the Original Sentence dated 06.05.2020 in Nanyuki Criminal Case No.366 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, JOSEPH WACHIRA MURIUKI, 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 06.05.2020 he was sentenced to a fine of Kshs.10,000= and in default of payment to serve six (6) months imprisonment. He did not pay the fine.

4. The default sentence is illegal. It should not have exceeded imprisonment for three (3) months. See

Section 28(2

) of the

Penal Code.

5. In the circumstances I will set aside the term of imprisonment of six months.

6. Because of the Coronavirus (COVID-19) crisis in our country, and in order to assist in de-congesting our prisons, I will substitute therefore 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 27

TH

DAY OF MAY, 2020

H.P.G. WAWERU

JUDGE

.

DEPUTY REGISTRAR

NANYUKI HIGH COURT