Case ID:158777

Boniface Munyi v Republic [2020] eKLR

Case Metadata

Case Number:

Criminal Revision 103 of 2020

Parties:

Boniface Munyi 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:

Boniface Munyi v Republic [2020] eKLR

Case History:

(Revision of the Original Sentence dated 06.05.2020 in Nanyuki Criminal Case No.358 of 2020 – L. Mutai, CM)

Court Division:

Criminal

County:

Laikipia

History Docket No:

Criminal Case No.358 of 2020

History Magistrate:

Hon L. Mutai (CM)

History County:

Laikipia

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 NANYUKI

CRIMINAL REVISION NO.103 OF 2020

BONIFACE MUNYI ………………………....……………………...APPLICANT

VERSUS

REPUBLIC …………………………..………………………........RESPONDENT

(Revision of the Original Sentence dated 06.05.2020 in Nanyuki Criminal Case No.358 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, BONIFACE MUNYI KIMARU, pleaded guilty to and was convicted of the offence 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 the Convict 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. Under

Section 28(2)

of the

Penal Code,

the default term of imprisonment should not exceed

three (3) months

for a

fine of Kshs.10,000=.

5.

In the circumstances, I hereby set aside the default term of imprisonment of six(6) months. .

6. Because of the Coronavirus (COVID-19) crisis in our country, and in order to help in de-congesting our prisons, I hereby substitute a default sentence of the time already served by the convict.

7. That means that t he 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