[2020] KEHC 6851 (KLR)
The court found no sufficient reason to interfere with the sentence of six months imprisonment imposed on the applicant for creating a disturbance likely to cause a breach of the peace. The mere existence of the COVID-19 crisis was not considered a valid ground for revision of the sentence. The trial court's...
Source-derived case information.
- Citation
- [2020] KEHC 6851 (KLR)
- Parties
- Applicant: Elijah Mutugi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 47 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- application for revision dismissed
- Legal Topics
- Sentencing Review, Revisionary Powers, Breach of Peace
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elijah Mutugi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed for creating a disturbance was excessive or warranted interference by the High Court in revisionary jurisdiction.
- 2 Whether the COVID-19 crisis constituted sufficient grounds for revision of sentence.
Ratio Decidendi
The court found no sufficient reason to interfere with the sentence of six months imprisonment imposed on the applicant for creating a disturbance likely to cause a breach of the peace. The mere existence of the COVID-19 crisis was not considered a valid ground for revision of the sentence. The trial court's discretion in sentencing was not shown to have been exercised improperly, and there was no error, illegality, or impropriety identified in the original sentence. Accordingly, 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
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.47 OF 2020
ELIJAH MUTUGI..............................................................APPLICANT
VERSUS
REPUBLIC.....................................................................RESPONDENT
(Revision of the Original Sentence dated 31. 12. 19
in Nanyuki Criminal Case No.1671 of 2019)
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, ELIJAH MUTUGI was on 31. 12. 19 sentenced to six (6) months imprisonment for the offence of creating a disturbance in a manner likely to cause a breach of the peace contrary to Section 95(1)(b) of the Penal Code.
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