[2020] KEHC 6864 (KLR)
The court found no sufficient reason to interfere with the sentence imposed by the trial court. The mere existence of the COVID-19 crisis was not considered a valid ground for revision of sentence in this case. The sentence of one year and six months imprisonment for the offence of threatening to kill was within the...
Source-derived case information.
- Citation
- [2020] KEHC 6864 (KLR)
- Parties
- Applicant: Katais Leitiko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 30 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Application for revision of sentence dismissed.
- Legal Topics
- Sentencing, Threats to Kill, Penal Code Section 223, Revisionary Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Katais Leitiko
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed for the offence of threatening to kill should be revised by the High Court.
- 2 Whether the COVID-19 crisis constitutes sufficient grounds for interference with the sentence.
Ratio Decidendi
The court found no sufficient reason to interfere with the sentence imposed by the trial court. The mere existence of the COVID-19 crisis was not considered a valid ground for revision of sentence in this case. The sentence of one year and six months imprisonment for the offence of threatening to kill was within the law and not manifestly excessive or illegal. Therefore, the application for revision was dismissed.
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
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.30 OF 2020
KATAIS LEITIKO………………………………..….……….……APPLICANT
VERSUS
REPUBLIC …………………………..……………………………RESPONDENT
(Revision of the Original Sentence dated 22. 11. 19 in Nanyuki Criminal Case No.1058 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, KATAIS LEITIKO was on 22. 11. 19 sentenced to one (1) year and six (6) months imprisonment for the offence of Threatening to kill contrary to Section 223(1) 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