[2020] KEHC 6821 (KLR)
The court found no sufficient grounds to interfere with the sentence imposed by the trial court. The mere existence of the COVID-19 crisis did not, in itself, constitute a suitable or exceptional circumstance warranting revision of the sentence. The sentence of two years imprisonment for the offence of being cruel...
Source-derived case information.
- Citation
- [2020] KEHC 6821 (KLR)
- Parties
- Applicant: Nancy Muthoni Mathenge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 21 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Application for revision of sentence dismissed.
- Legal Topics
- Sentencing Review, Child Cruelty Offences
- 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
Nancy Muthoni Mathenge
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed for the offence of being cruel to a child 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 imposed by the trial court. The mere existence of the COVID-19 crisis did not, in itself, constitute a suitable or exceptional circumstance warranting revision of the sentence. The sentence of two years imprisonment for the offence of being cruel to a child was lawful and appropriate in the circumstances. Accordingly, 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.21 OF 2020
NANCY MUTHONI MATHENGE..............APPLICANT
VERSUS
REPUBLIC ................................................RESPONDENT
(Revision of the Original Sentence dated 25. 7.19 in Nanyuki Criminal Case No.685 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, NANCY MUTHONI MATHENGE was on 25. 7.2019 sentenced to 2 years imprisonment for the offence of Being cruel to a child contrary to Section 127(1) of the Children’s Act, No.3 of 2001.
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