[2020] KEHC 6824 (KLR)
The court found no sufficient reason to interfere with the sentence of two years imprisonment imposed on the applicant for the offence of stealing. The judge considered the prevailing COVID-19 crisis but determined that it did not constitute a suitable ground for revision in this case. The sentence was within the...
Source-derived case information.
- Citation
- [2020] KEHC 6824 (KLR)
- Parties
- Applicant: John Maina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 73 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Application for revision denied.
- Legal Topics
- Stealing Offence, Sentencing Principles, Criminal Revision, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Maina
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for the offence of stealing 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 two years imprisonment imposed on the applicant for the offence of stealing. The judge considered the prevailing COVID-19 crisis but determined that it did not constitute a suitable ground for revision in this case. The sentence was within the law and no error, illegality, or impropriety was demonstrated. Accordingly, the application for revision was denied.
Court Disposition
Application for revision denied.
Orders
- The application for revision is denied.
- The sentence of two years imprisonment stands.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.73 OF 2020
JOHN MAINA.........APPLICANT
VERSUS
REPUBLIC .........RESPONDENT
(Revision of the Original Sentence dated 17. 02. 2020 in Maralal Criminal Case No.51 of 2020– R. Koech, PM)
07. 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 JOHN MAINA, was on 17. 02. 2020 sentenced to two (2) years imprisonment for the offence of stealing contrary to Section 268 and 275 of the Penal Code.
3. Despite the current Coronavirus (COVID-19) crisis in the country, I do notconsider this to be a suitable case to interfere with the sentence. Revision is therefore denied.
4. It is so ordered.
DATED AT NANYUKI THIS 7TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT