[2020] KEHC 6886 (KLR)
The court found no sufficient grounds to interfere with the sentence of one year imprisonment imposed on the applicant for assault causing actual bodily harm. The mere existence of the COVID-19 crisis was not considered a suitable reason for revision of the sentence. The trial court's sentence was within the law and...
Source-derived case information.
- Citation
- [2020] KEHC 6886 (KLR)
- Parties
- Applicant: Laban Mutethia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 46 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Application for revision of sentence dismissed.
- Legal Topics
- Assault, Sentencing, Revisionary Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Laban Mutethia
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 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 grounds to interfere with the sentence of one year imprisonment imposed on the applicant for assault causing actual bodily harm. The mere existence of the COVID-19 crisis was not considered a suitable reason for revision of the sentence. The trial court's sentence was within the law and no error, illegality, or impropriety was demonstrated. Consequently, the request 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.46 OF 2020
LABAN MUTETHIA.....................APPLICANT
VERSUS
REPUBLIC.................................RESPONDENT
(Revision of the Original Sentence dated 27. 12. 19 in Nanyuki Criminal Case No.1661 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, LABAN MUTETHIA was on 27. 12. 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