[2020] KEHC 7240 (KLR)
The court found no sufficient reason to intervene in the sentence imposed by the trial court. Despite the ongoing COVID-19 emergency, the circumstances of the case did not justify the exercise of the court's revisionary powers under Sections 362 and 364 of the Criminal Procedure Code. The sentence of 3 years...
Source-derived case information.
- Citation
- [2020] KEHC 7240 (KLR)
- Parties
- Applicant: Edward Ndirangu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 32 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Application for revision dismissed.
- Legal Topics
- Assault, Sentencing, Revisionary Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Ndirangu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for assault causing actual bodily harm should be revised under the court's revisionary powers.
- 2 Whether the circumstances, including the COVID-19 emergency, warrant intervention in the sentence.
Ratio Decidendi
The court found no sufficient reason to intervene in the sentence imposed by the trial court. Despite the ongoing COVID-19 emergency, the circumstances of the case did not justify the exercise of the court's revisionary powers under Sections 362 and 364 of the Criminal Procedure Code. The sentence of 3 years imprisonment for assault causing actual bodily harm was deemed lawful and appropriate, and there was no manifest error or injustice warranting revision.
Court Disposition
Application for revision dismissed.
Orders
- No revision of the sentence; the original sentence of 3 years imprisonment stands.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.32 OF 2020
EDWARD NDIRANGU..................................APPLICANT
VERSUS
REPUBLIC .................................................RESPONDENT
(Revision of the Original Sentence dated 02. 10. 2019 in Nanyuki Criminal Case No.1225 of 2019 – N. Thuku, PM)
23/03/2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. The convict herein, EDWARD NDIRANGU, was on 02. 10. 2019 sentenced to 3 years imprisonment for the offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code.
2. I have examined the record of the trial court. Despite the current Coronavirus (COVID – 19) emergency, I am not satisfied that this is a suitable case for intervention in the sentence under the revisionary powers of the court under Sections 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