[2020] KEHC 6893 (KLR)
The court found no sufficient reason to interfere with the sentence imposed by the trial court for the offence of improper use of electrical energy under Section 64(4)(d) of the Energy Act, 2012. The applicant's failure to pay the fine and the prevailing COVID-19 crisis did not constitute exceptional circumstances...
Source-derived case information.
- Citation
- [2020] KEHC 6893 (KLR)
- Parties
- Applicant: Daniel Njuka Maina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 91 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- application for revision dismissed
- Legal Topics
- Sentencing Revision, Improper Use of Electrical Energy, Energy Act Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Daniel Njuka Maina
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed for improper use of electrical energy should be revised in light of the applicant's request.
- 2 Whether the COVID-19 crisis constitutes sufficient grounds for interference with the sentence.
Ratio Decidendi
The court found no sufficient reason to interfere with the sentence imposed by the trial court for the offence of improper use of electrical energy under Section 64(4)(d) of the Energy Act, 2012. The applicant's failure to pay the fine and the prevailing COVID-19 crisis did not constitute exceptional circumstances warranting revision. The sentence was lawful and appropriate, and the court declined to exercise its revisionary jurisdiction.
Court Disposition
application for revision dismissed
Orders
- The request for revision of sentence is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.91 OF 2020
DANIEL NJUKA MAINA………..……………..……………………..APPLICANT
VERSUS
REPUBLIC …………………………..………………………………RESPONDENT
(Revision of the Original Sentence dated 06. 08. 2019 in Nanyuki Criminal Case No.258 of 2017)
09. 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, DANIEL NJUKA MAINA, was on 06. 08. 2019 sentenced to a fine of Kshs.5 million and in default to serve 1 year imprisonment for the offence of improper use of electrical energy contrary to Section 64(4)(d) of the Energy Act, 2012. He did not pay the fine.
3. Despite the current Coronavirus (COVID-19) crisis in our country, I am not satisfied that this is a suitable case for interference with the sentence by this court in exercise of its revisionary powers.
4. The request for revision of sentence is therefore dismissed.
5. It is so ordered.
DATED AT NANYUKI THIS 9TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT