[2020] KEHC 7254 (KLR)
The court, after reviewing the trial court record and considering the circumstances, including the ongoing COVID-19 crisis, found no sufficient reason or error to justify exercising its revisionary powers to alter the sentence imposed on the applicant. The sentence of one year imprisonment for the offence of...
Source-derived case information.
- Citation
- [2020] KEHC 7254 (KLR)
- Parties
- Applicant: Boniface Kagomba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 20 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Application for revision declined.
- Legal Topics
- Sentencing Review, Revisionary Jurisdiction, Packaging of Alcoholic Drinks
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Kagomba
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the court should exercise its revisionary powers under Section 362 and 364 of the Criminal Procedure Code to alter the sentence imposed on the applicant.
- 2 Whether the sentence imposed for packaging alcoholic drinks contrary to prescribed standards was appropriate in the circumstances.
Ratio Decidendi
The court, after reviewing the trial court record and considering the circumstances, including the ongoing COVID-19 crisis, found no sufficient reason or error to justify exercising its revisionary powers to alter the sentence imposed on the applicant. The sentence of one year imprisonment for the offence of packaging alcoholic drinks contrary to prescribed standards was deemed lawful and appropriate. The application for revision was therefore declined.
Court Disposition
Application for revision declined.
Orders
- The application for revision is dismissed.
- The sentence of one year imprisonment imposed by the trial court stands.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.20 OF 2020
BONIFACE KAGOMBA.......APPLICANT
VERSUS
REPUBLIC.........................RESPONDENT
(Revision of the Original Sentence dated 11. 10. 2019 in Nanyuki Criminal Case No.625 of 2019 – N. Thuku, PM)
23/03/2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. The convict herein, BONIFACE KAGUMBA, was on 11. 10. 2019 sentenced to serve 1 year imprisonment for the offence of packaging alcoholic drinks in a manner that does not confirm to the prescribed standards contrary to Section 91A(1) and (2) of the Customs Excise Act, Cap 472.
2. Having perused the trial court record, and despite the current Coronavirus (COVID -19) crisis in our country, I am not satisfied that this is a suitable case where to exercise the court’s revisionary power under Section 362 and 364 of the Criminal Procedure Code. It is so ordered.
DATED AT NANYUKI THIS 23RD DAY OF MARCH, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT