Case ID:158586

David Muli Kinyua v Republic [2020] eKLR

Case Metadata

Case Number:

Criminal Revision 9 of 2020

Parties:

David Muli Kinyua 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:

David Muli Kinyua v Republic [2020] eKLR

Case History:

(Revision of the Original Sentence dated 07.05.2020 in Nanyuki Criminal Case No.393 of 2020– L. Mutai, CM)

Court Division:

Criminal

County:

Laikipia

History Docket No:

Criminal Case No.393 of 2020

History Magistrate:

Hon. L. Mutai, CM

History County:

Laikipia

Case Outcome:

Convict set at liberty

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.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 27

TH

DAY OF MAY, 2020

H.P.G. WAWERU

JUDGE

.

DEPUTY REGISTRAR

NANYUKI HIGH COURT