[2020] KEHC 6854 (KLR)
The court found no sufficient reason to interfere with the sentence imposed by the trial court for the offence of stealing. The mere existence of the COVID-19 crisis was not considered a valid ground for revision of sentence in this case. The court emphasized that revisionary powers are to be exercised sparingly and...
Source-derived case information.
- Citation
- [2020] KEHC 6854 (KLR)
- Parties
- Applicant: Kenneth Mwirigi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 22 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- application for revision dismissed
- Legal Topics
- Stealing Offence, Sentencing Revision, Penal Code Section 275
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Mwirigi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed for stealing should be revised in light of the applicant's request.
- 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 for the offence of stealing. The mere existence of the COVID-19 crisis was not considered a valid ground for revision of sentence in this case. The court emphasized that revisionary powers are to be exercised sparingly and only where there is a clear error, illegality, or impropriety in the sentence. As none was demonstrated, 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
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.22 OF 2020
KENNETH MWIRIGI................APPLICANT
VERSUS
REPUBLIC..............................RESPONDENT
(Revision of the Original Sentence dated 15. 08. 2019 in Nanyuki Criminal Case No.687 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, KENNETH MWIRIGI was on 15. 08. 19 sentenced to fifteen (15) months imprisonment for the offence of stealing contrary to Section 268(1) & 275 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