[2020] KEHC 6890 (KLR)
The court found no sufficient reason or legal basis to interfere with the sentence of 20 years imprisonment imposed on the applicant for the offence of stealing. The mere existence of the COVID-19 crisis did not, in the court's view, constitute a ground for revision of the sentence. The trial court's discretion in...
Source-derived case information.
- Citation
- [2020] KEHC 6890 (KLR)
- Parties
- Applicant: Abraham Leparshan; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 86 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- application for revision dismissed
- Legal Topics
- Stealing, Sentencing, Revisionary Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abraham Leparshan
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for the offence of stealing should be revised by the High Court.
- 2 Whether the COVID-19 crisis constitutes a sufficient ground for interference with the sentence.
Ratio Decidendi
The court found no sufficient reason or legal basis to interfere with the sentence of 20 years imprisonment imposed on the applicant for the offence of stealing. The mere existence of the COVID-19 crisis did not, in the court's view, constitute a ground for revision of the sentence. The trial court's discretion in sentencing was not shown to have been exercised improperly or in violation of the law. Accordingly, the application for revision was declined.
Court Disposition
application for revision dismissed
Orders
- No interference with the sentence imposed by the trial court.
- Application for revision is declined.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.86 OF 2020
ABRAHAM LEPARSHAN............................................................APPLICANT
VERSUS
REPUBLIC..................................................................................RESPONDENT
(Revision of the Original Sentence dated 26. 9.19in Maralal
Criminal Case No.334 of 2019– R. Koech, PM)
08. 04. 2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. I have examined the trial court record.
2. The convict herein ABRAHAM LEPARSHAN, was on 26. 9.19 sentenced to two (20 years imprisonment for the offence of Stealing contrary to Section 268 and 275 of the Penal Code.
3. Despite the Coronavirus (COVID-19) crisis in our country, I do not consider this to be a suitable case for interference with the sentence by this court in exercise of its revisionary power.
4. It is so ordered.
DATED AT NANYUKI THIS 8TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT