Case ID:158777
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
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