[2020] KEHC 6870 (KLR)
The court found no sufficient reason to interfere with the sentence of one year imprisonment imposed on the applicant for assault causing actual bodily harm. The existence of the COVID-19 crisis alone was not considered a sufficient ground for revision of the sentence. The trial court's sentence was within the law...
Source-derived case information.
- Citation
- [2020] KEHC 6870 (KLR)
- Parties
- Applicant: Francis Lowoi Achwaa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 42 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Application for revision of sentence dismissed.
- Legal Topics
- Assault, Sentencing, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Lowoi Achwaa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed for assault causing actual bodily harm should be revised in light of the circumstances, including the COVID-19 crisis.
Ratio Decidendi
The court found no sufficient reason to interfere with the sentence of one year imprisonment imposed on the applicant for assault causing actual bodily harm. The existence of the COVID-19 crisis alone was not considered a sufficient ground for revision of the sentence. The trial court's sentence was within the law and no error, illegality, or impropriety was demonstrated to warrant the exercise of the High Court's revisionary jurisdiction.
Court Disposition
Application for revision of sentence 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.42 OF 2020
FRANCIS LOWOI ACHWAA....APPLICANT
VERSUS
REPUBLIC.................................RESPONDENT
(Revision of the Original Sentence dated 25. 11. 19 in Nanyuki Criminal Case No.1501 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, FRANCIS LOWOI ACHWAA was on 25. 11. 2019 sentenced to one (1) year imprisonment for the offence of Assault causing actual bodily harm contrary to Section 251 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