[2020] KEHC 6813 (KLR)
The court found no sufficient reason to interfere with the sentences imposed by the trial court, despite the ongoing COVID-19 crisis. The sentences were lawful, not excessive, and were to run concurrently. The applicant's circumstances did not justify revision, and the court exercised its discretion to deny the...
Source-derived case information.
- Citation
- [2020] KEHC 6813 (KLR)
- Parties
- Applicant: Loboku Lekupuny; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 74 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Revision denied.
- Legal Topics
- Stealing, Assault Causing Actual Bodily Harm, Sentencing, Criminal Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Loboku Lekupuny
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court 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 sentences imposed by the trial court, despite the ongoing COVID-19 crisis. The sentences were lawful, not excessive, and were to run concurrently. The applicant's circumstances did not justify revision, and the court exercised its discretion to deny the application for revision.
Court Disposition
Revision denied.
Orders
- The application for revision is denied.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.74 OF 2020
LOBOKU LEKUPUNY……...………………...…………………………..……APPLICANT
VERSUS
REPUBLIC …………………………..………………………………………RESPONDENT
(Revision of the Original Sentence dated 17. 02. 2020 in Maralal Criminal Case No.255 of 2019– R. Koech, PM)
07. 04. 2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. I have examined the record of the trial court.
2. The convict herein LOBOKU LEKUPUNY, was on 17/02/2020 sentenced to two (2) years imprisonment on each of two counts of Stealing Contrary to Section 268 & 275 of the penal Code and assault causing actual bodily harm contrary to Section 251 of the Penal Code (Sentences to run concurrently).
3. Despite the current Coronavirus (COVID-19) crisis in our country, I do not consider this to be a suitable case to interfere with the sentences. 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