[2020] KEHC 6876 (KLR)
The court found no sufficient grounds to interfere with the sentence of two years imprisonment imposed on the applicant for the offence of being cruel to a child. The mere existence of the COVID-19 crisis was not considered a valid reason for revision of sentence in this case. The trial court's sentence was within...
Source-derived case information.
- Citation
- [2020] KEHC 6876 (KLR)
- Parties
- Applicant: Purity Kananu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 31 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- application for revision of sentence dismissed
- Legal Topics
- Sentencing Revision, Child Cruelty Offences, Children Act Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Purity Kananu
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 prevailing COVID-19 crisis constitutes sufficient grounds for interference with the sentence.
Ratio Decidendi
The court found no sufficient grounds to interfere with the sentence of two years imprisonment imposed on the applicant for the offence of being cruel to a child. The mere existence of the COVID-19 crisis was not considered a valid reason for revision of sentence in this case. The trial court's sentence was within the law and no error, illegality, or impropriety was demonstrated. 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
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.31 OF 2020
PURITY KANANU.........APPLICANT
VERSUS
REPUBLIC................RESPONDENT
(Revision of the Original Sentence dated 28. 08. 19 in Nanyuki Criminal Case No.1075 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, PURITY KANANU was on 28. 08. 19 sentenced to 2 years imprisonment for the offence of Being cruel to a child contrary to Section 127(1) of the Children’s Act, 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