[2020] KEHC 7229 (KLR)
The High Court, upon examining the record of the trial court, found no sufficient reason or exceptional circumstance to interfere with the sentence imposed on the applicant for threats to kill, despite the ongoing COVID-19 emergency. The court held that the sentence was within the law and that the revisionary...
Source-derived case information.
- Citation
- [2020] KEHC 7229 (KLR)
- Parties
- Applicant: Daniel Maina Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 14 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Application for revision declined.
- Legal Topics
- Threats to Kill, Sentencing, Revisionary Powers, Penal Code Section 223
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Maina Mwangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for threats to kill should be revised by the High Court.
- 2 Whether the circumstances, including the COVID-19 emergency, warrant interference with the sentence.
Ratio Decidendi
The High Court, upon examining the record of the trial court, found no sufficient reason or exceptional circumstance to interfere with the sentence imposed on the applicant for threats to kill, despite the ongoing COVID-19 emergency. The court held that the sentence was within the law and that the revisionary jurisdiction should not be exercised in the absence of any illegality, impropriety, or manifest error in the sentence or proceedings. Consequently, the application for revision was declined.
Court Disposition
Application for revision declined.
Orders
- The application for revision of sentence is declined.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.14 OF 2020
DANIEL MAINA MWANGI......APPLICANT
VERSUS
REPUBLIC ..............................RESPONDENT
(Revision of the Original Sentence dated 17. 07. 2019 in Nanyuki Criminal Case No.120 of 2019 – N. Thuku, PM)
23/03/2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. On 17/07/2019 the convict herein DANIEL MAINA MWANGI, was sentenced to 5 years imprisonment on each of 2 counts of threats to kill contrary to Section 223 of the Penal Code. The complainants were his own parents.
2. I have examined the record of trail court. Despite the Current Coronavirus (COVID – 19) emergency, I am not satisfied that this is a suitable case for this court to interfere with the sentence in exercise of its revisionary powers under Section 362 and 364 of the Criminal Procedure Code.
DATED AT NANYUKI THIS 23RD DAY OF MARCH, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT