REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NANYUKI CRIMINAL REVISION NO.105 OF 2020 JOSEPH NDEGWA WANJIRA.................................................APPLICANT VERSUS REPUBLIC ..........................................................................RESPONDENT (Revision of the Original Sentence dated 06.05.2020 in Nanyuki Criminal Case No.359 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, JOSEPH NDEGWA WANJIRA, 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. 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 term of imprisonment of six (6) months is illegal. It should not exceed three (3) months imprisonment for a fine of Kshs.10,000/00. See Section 28(2) of the Penal Code. 5. In the circumstances, I will set aside that term of imprisonment of six (6) months. 6. Because of the Coronavirus (COVID-19) crisis in our country, and in order to assist in de-congesting the prisons, I shall substitute a term of imprisonment equivalent to the time already served by the Convict. 7. That means that the Convict shall be set at liberty forthwith unless otherwise lawfully held. It is so ordered. DATED AT NANYUKI THIS 27TH DAY OF MAY, 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.