[2020] KEHC 6898 (KLR)
The court found no sufficient reason to interfere with the sentence imposed by the trial court for the offence of being in illegal possession of narcotic drugs. The mere existence of the COVID-19 crisis was not considered a valid ground for revision of sentence in this case. The sentence was within the law and no...
Source-derived case information.
- Citation
- [2020] KEHC 6898 (KLR)
- Parties
- Applicant: Dennis Mwangi Wanjohi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 89 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- application for revision dismissed
- Judges
- DW Mbuteti
- Legal Topics
- Narcotic Possession, Sentencing Revision, Revisionary Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Mwangi Wanjohi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed for illegal possession of narcotic drugs should be revised in light of the COVID-19 crisis.
Ratio Decidendi
The court found no sufficient reason to interfere with the sentence imposed by the trial court for the offence of being in illegal possession of narcotic drugs. The mere existence of the COVID-19 crisis was not considered a valid ground for revision of sentence in this case. The sentence was within the law and no error, illegality, or impropriety was demonstrated. Therefore, the application for revision was dismissed.
Court Disposition
application for revision dismissed
Orders
- The request for revision of sentence is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.89 OF 2020
DENNIS MWANGI WANJOHI.......................................................APPLICANT
VERSUS
REPUBLIC ...................................................................................RESPONDENT
(Revision of the Original Sentence dated 04. 03. 2020 in Nanyuki Criminal Case No.126 of 2020)
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, DENNIS MWANGI WANJOHI was on 04. 03. 2020 sentenced to three-and-a-half (3 ½ ) years imprisonment for the offence of Being in illegal possession of Narcotic drugs contrary to Section 3(1)&(2)(a) of the Act No.4 of 1994.
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. It is so ordered.
DATED AT NANYUKI THIS 8TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE
DEPUTY REGISTRAR
NANYUKI HIGH COURT