[2020] KEHC 6878 (KLR)
The court found no sufficient reason to interfere with the sentence imposed by the trial court. The existence of the COVID-19 crisis alone was not considered a valid ground for revision of sentence in this case. The sentence of nine months imprisonment for the offence of stealing stock was within the law and not...
Source-derived case information.
- Citation
- [2020] KEHC 6878 (KLR)
- Parties
- Applicant: Moses Kamutu Wambui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 77 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Request for revision of sentence refused.
- Legal Topics
- Sentencing, Revisionary Powers, Stock Theft, Penal Code Section 278
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Kamutu Wambui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed for stock theft should be revised in light of the applicant's request.
- 2 Whether the COVID-19 crisis constitutes sufficient grounds for sentence revision.
Ratio Decidendi
The court found no sufficient reason to interfere with the sentence imposed by the trial court. The existence of the COVID-19 crisis alone was not considered a valid ground for revision of sentence in this case. The sentence of nine months imprisonment for the offence of stealing stock was within the law and not manifestly excessive or illegal. Accordingly, the request for revision was refused.
Court Disposition
Request for revision of sentence refused.
Orders
- The request for revision of sentence is refused.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.77 OF 2020
MOSES KAMUTU WAMBUI........APPLICANT
VERSUS
REPUBLIC..................................RESPONDENT
(Revision of the Original Sentence dated 17. 01. 2020 in Nanyuki Criminal Case No.1539 of 2019– N. Thuku, PM)
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, MOSES KAMUTU WAMBUI, was on 17. 01. 2020 sentenced to nine (9) months imprisonment for the offence of Stealing Stock contrary to Section 278 of the Penal Code.
3. Despite the current Coronavirus (COVID-19) crisis in our country, I do not consider this to be a suitable case where to interfere with the sentence in exercise of the court’s revisionary powers.
4. The request for revision of sentence is refused. It is so ordered.
DATED AT NANYUKI THIS 8TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT