[2020] KEHC 6820 (KLR)
The court found no sufficient reason to interfere with the sentence imposed by the trial court. Despite the ongoing COVID-19 pandemic, the circumstances of the case did not justify revision of the nine-month imprisonment for the offence of stock theft under Section 278 of the Penal Code. The court emphasized that...
Source-derived case information.
- Citation
- [2020] KEHC 6820 (KLR)
- Parties
- Applicant: Peter Leesh Karmushu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 78 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- application for revision refused
- Legal Topics
- Sentence Revision, Stock Theft, Penal Code Section 278
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Leesh Karmushu
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 COVID-19 crisis.
Ratio Decidendi
The court found no sufficient reason to interfere with the sentence imposed by the trial court. Despite the ongoing COVID-19 pandemic, the circumstances of the case did not justify revision of the nine-month imprisonment for the offence of stock theft under Section 278 of the Penal Code. The court emphasized that revisionary powers are to be exercised sparingly and only in cases of manifest error, illegality, or impropriety, none of which were present in this matter.
Court Disposition
application for revision refused
Orders
- The request for revision of sentence is refused.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.78 OF 2020
PETER LEESH KARMUSHU............................APPLICANT
VERSUS
REPUBLIC ......................................................RESPONDENT
(Revision of the Original Sentence dated 23. 01. 2020 in Nanyuki Criminal Case No.1631 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, PETER LEESH KARMUSHU, was on 23. 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 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