[2020] KEHC 7260 (KLR)
The court found no sufficient reason to intervene in the sentence imposed by the trial court. Despite the ongoing COVID-19 emergency, the circumstances of the case did not justify the exercise of the High Court's revisionary jurisdiction. The sentence of 3 years imprisonment for stealing a motorcycle was lawful and...
Source-derived case information.
- Citation
- [2020] KEHC 7260 (KLR)
- Parties
- Applicant: Paul Wanjohi Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 15 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Application for revision dismissed.
- Legal Topics
- Stealing, Sentencing, Revisionary Powers, Motor Vehicle Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Wanjohi Mwangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed for stealing a motorcycle warranted revision by the High Court.
- 2 Whether the COVID-19 emergency justified intervention under the court's revisionary powers.
Ratio Decidendi
The court found no sufficient reason to intervene in the sentence imposed by the trial court. Despite the ongoing COVID-19 emergency, the circumstances of the case did not justify the exercise of the High Court's revisionary jurisdiction. The sentence of 3 years imprisonment for stealing a motorcycle was lawful and appropriate, and there was no demonstrated error, illegality, or impropriety in the proceedings or sentence that would warrant revision under Sections 362 and 364 of the Criminal Procedure Code.
Court Disposition
Application for revision dismissed.
Orders
- No revisionary orders made; sentence of 3 years imprisonment stands.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.15 OF 2020
PAUL WANJOHI MWANGI.....................................................APPLICANT
VERSUS
REPUBLIC.............................................................................RESPONDENT
(Revision of the Original Sentence dated 03. 02. 2020in Nanyuki
Criminal Case No.315 of 2019 – V.M. Masivo, RM)
23/03/2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. The convict herein, PAUL WANJOHI MWANGI, was on 03/02/2020 sentenced to 3 years imprisonment for the offence of stealing a motor cycle contrary to Section 268 and 278(a) of the Penal Code.
2. Despite the current Coronavirus (COVID – 19) emergency, I do not find this case suitable for intervention by the court in exercise of its revisionary powers under Sections 362and 364of the Criminal Procedure Code. It is so ordered.
DATED AT NANYUKI THIS 23RD DAY OF MARCH, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT