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Case Brief · caselaw.co.ke
High CourtAllowedH.C.C.R. Rev. No. 3 of 2020· [2020] KEHC 6021 (KLR)
Kaikok Ngoriasiwa v Republic
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·~1 min to read original · ~4 min briefThe bottom line
#High Courts can reduce prison sentences using their revisionary powers to address urgent public interest needs, such as prison decongestion.
What this practically means
#Executive summary
#This was a revision order issued by the High Court at Kabarnet in exercise of its revisionary powers under section 364 of the Criminal Procedure Code. The judgment was delivered in the context of the COVID-19 pandemic, pursuant to the Chief Justice's direction under the National Council on the Administration of Justice (NCAJ) Administrative and Contingency Management Plan to Mitigate COVID-19 in Kenya's Justice Sector issued on 15 March 2020. That plan directed judges in all stations to review deserving cases already identified by prison authorities and issue appropriate revision orders in an effort to decongest prisons. The court, having considered the sentence imposed on the appellant, Kaikok Ngoriasiwa, found it appropriate to revise the sentence and reduce it to imprisonment for the period already served, so that the appellant could forthwith be released from custody in furtherance of the NCAJ's decongestion measures. The court ordered the release of the appellant from custody unless he was otherwise lawfully held. The appellant appeared in person and Ms. Kitilit appeared as Prosecution Counsel for the Respondent. The judgment is brief and does not record the underlying offence, the original sentence, or detailed reasons for finding the case deserving, beyond the decongestion policy context. Judgment was dated and delivered on 24 March 2020 by Edward M. Muriithi J.
Key legal issues
#01
Whether the High Court's revisionary jurisdiction under section 364 of the Criminal Procedure Code could be invoked to reduce the appellant's sentence in line with the NCAJ COVID-19 decongestion plan
Holding
The court revised the sentence to the period already served and ordered the appellant's release.
Reasoning
Acting on the Chief Justice's direction under the NCAJ Administrative and Contingency Management Plan to Mitigate COVID-19, which directed judges to review deserving cases identified by prison authorities and issue appropriate revision orders to decongest prisons, the court considered the sentence and found it appropriate to reduce it to time served.
p. 2
Legal principles established
#- The High Court may exercise its revisionary powers under section 364 of the Criminal Procedure Code to reduce sentences in deserving cases as part of NCAJ COVID-19 prison decongestion measures.
Court orders
#- 1.Sentence revised and reduced to imprisonment for the period already served
- 2.Order directing the release of the appellant from custody, unless otherwise lawfully held
- Jurisdiction invoked
- Section 364 of the Criminal Procedure Code (revisionary powers of the High Court), exercised pursuant to NCAJ COVID-19 decongestion guidelines
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kaikok Ngoriasiwa v Republic", Case Analysis (2020). H.C.C.R. Rev. No. 3 of 2020. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.