[2020] KEHC 7221 (KLR)
The court found no sufficient grounds to interfere with the sentence imposed by the trial court. Despite the ongoing COVID-19 emergency, the court was not satisfied that the case warranted intervention under its revisionary powers. The sentences imposed for malicious damage to property and possession of narcotic...
Source-derived case information.
- Citation
- [2020] KEHC 7221 (KLR)
- Parties
- Applicant: Francis Maina Njeri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 35 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Application for revision dismissed.
- Legal Topics
- Malicious Damage to Property, Possession of Narcotic Drugs, Sentencing, Revisionary Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Maina Njeri
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate and warranted intervention by the High Court under its revisionary powers.
- 2 Whether the circumstances, including the COVID-19 emergency, justified a reduction or alteration of the sentence.
Ratio Decidendi
The court found no sufficient grounds to interfere with the sentence imposed by the trial court. Despite the ongoing COVID-19 emergency, the court was not satisfied that the case warranted intervention under its revisionary powers. The sentences imposed for malicious damage to property and possession of narcotic drugs were within the law, and the order for the sentences to run consecutively was not shown to be improper or illegal. The court therefore declined to revise the sentence.
Court Disposition
Application for revision dismissed.
Orders
- No revision of sentence; original sentence to stand as imposed by the trial court.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.35 OF 2020
FRANCIS MAINA NJERI............................................................APPLICANT
VERSUS
REPUBLIC................................................................................RESPONDENT
(Revision of the Original Sentence dated 11. 10. 2019 in Nanyuki
Criminal Case No.1310 of 2019 – V.M. Masivo, RM)
23/03/2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. The convict herein, FRANCIS MAINA NJERI, was on 11. 10. 19 sentenced respectively to 4 years and 30 days imprisonment for the offences of malicious damage to property contrary to Section 339(1) of the Penal Code and being in possession of Narcotic Drugs contrary to Section 3(1)(a) & (2)(a) of the Narcotic Drugs & Psychotropic Substances (Control) Act, No.4 of 1994. The sentences were ordered to run consecutively.
2. I have examined the record of the trial court. Even with the Coronavirus (COVID – 19) emergency now going on, I am not satisfied that this is a suitable case for intervention in the sentence in exercise of the revisionary powers of the court under Section 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