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High CourtAllowedCriminal Revision No. 39 of 2020· [2020] KEHC 6862 (KLR)

Charles Machira Muthoni v Republic

High Court of Kenya
9 April 2020
HWH P G Waweru
195 words in judgment
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·~1 min to read original · ~4 min brief

The bottom line

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High Courts can reduce default jail sentences and substitute them with time served to help decongest prisons during a crisis.

What this practically means

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Executive summary

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This was a criminal revision before the High Court at Nanyuki in which Charles Machira Muthoni, the applicant and convict, sought review of a sentence imposed in Nanyuki Criminal Case No. 1411 of 2019. On 29 October 2019 the trial court had sentenced him to a fine of Kshs. 30,000, with one year imprisonment in default, for the offence of stealing contrary to Section 268(1) and 275 of the Penal Code. The convict did not pay the fine, exposing him to the default term of imprisonment. Justice H P G Waweru, sitting in chambers on 9 April 2020, examined the trial court record and, invoking the constitutional imperative under Article 159(2) of the Constitution together with the revisionary powers conferred by Sections 362 and 364 of the Criminal Procedure Code, set aside the default sentence and substituted it with the time already served. The court expressly linked its intervention to the prevailing COVID-19 crisis and the need to de-congest prisons. The court ordered that the convict be set at liberty forthwith unless otherwise lawfully held. The order was dated at Nanyuki on 9 April 2020. No costs order was made and no authorities were cited in the brief ruling.

Key legal issues

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Whether the High Court's revisionary jurisdiction could be invoked to substitute a default sentence with time served

Holding

Yes - the court exercised its powers under Article 159(2) of the Constitution and Sections 362 & 364 of the Criminal Procedure Code to set aside the default sentence.

Reasoning

The convict had been sentenced to a fine of Kshs.30,000 with one year imprisonment in default and had not paid the fine. In light of the COVID-19 crisis and the need to de-congest prisons, the court examined the trial court record and exercised its revisionary powers to substitute the default sentence with time already served, ordering the convict's release.

p. 2

Legal principles established

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  • The High Court may exercise revisionary powers under Section 362 and 364 of the Criminal Procedure Code, read with Article 159(2) of the Constitution, to set aside a default sentence in furtherance of prison decongestion during the COVID-19 crisis.

Court orders

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  1. 1.The default sentence of one year imprisonment is set aside and substituted with the time already served
  2. 2.The convict shall be set at liberty forthwith unless otherwise lawfully held

Authorities

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Legislation

  • Constitution of KenyaArticle 159(2)
  • Penal CodeSections 268(1) & 275
  • Criminal Procedure CodeSections 362 & 364
On appeal from
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null
Jurisdiction invoked
Article 159(2) of the Constitution and Sections 362 & 364 of the Criminal Procedure Code

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Charles Machira Muthoni v Republic", Case Analysis (2020). Criminal Revision No. 39 of 2020. Source:

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.