REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NANYUKI CRIMINAL REVISION NO.109 OF 2020 MARTIN MWITI..............................................................APPLICANT VERSUS REPUBLIC..................................................................RESPONDENT (Revision of the Original conviction and Sentence in Nanyuki Criminal Case No.507 of 2020 – V. Masivo - RM) 25.06.2020 Before Justice H P G Waweru In Chambers ORDER ON REVISION 1. Upon application herein by the convict herein, MARTIN MWITI, I have called for and examined the record of the trial court regarding the sentence imposed upon the convict. He 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. 2. On 22/5/2020 the convict was sentenced to a fine of Kshs.3,000/00 and in default of payment to serve three (3) monts imprisonment. He did not pay the fine and is serving the default sentence. 3. The default sentence is lawful under Section 28(2) of the Penal Code, Cap 63. 4. Considering the public health reason for the curfew in place (to curb the spread of the Coronavirus Covid-19 pandemic), the sentence is not manifestly harsh or excessive, and I decline to interfere with it. 5. The request for revision is therefore refused and dismissed. It is so ordered. Dated at Nanyuki this 25th day of June 2020. H.P.G. WAWERU JUDGE. DEPUTY REGISTRAR NANYUKI HIGH COURT
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.