[2020] KEHC 7255 (KLR)
The court found no sufficient grounds to intervene in the sentence imposed on the applicants for the offences of performing female genital mutilation and aiding and abetting. Despite the ongoing Coronavirus (COVID-19) emergency, the court was not satisfied that the case warranted the exercise of its revisionary...
Source-derived case information.
- Citation
- [2020] KEHC 7255 (KLR)
- Parties
- Applicant: Samira Leshau; Applicant: Narikuni Leshau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 16 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Application for revision dismissed; original sentence upheld.
- Legal Topics
- Female Genital Mutilation, Sentencing, Revisionary Powers, Aiding and Abetting
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samira Leshau
Applicant
Narikuni Leshau
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the court should exercise its revisionary powers to intervene in the sentence imposed for the offence of female genital mutilation and aiding and abetting.
Ratio Decidendi
The court found no sufficient grounds to intervene in the sentence imposed on the applicants for the offences of performing female genital mutilation and aiding and abetting. Despite the ongoing Coronavirus (COVID-19) emergency, the court was not satisfied that the case warranted the exercise of its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code. The original sentence was therefore left undisturbed.
Court Disposition
Application for revision dismissed; original sentence upheld.
Orders
- The court declines to intervene in the sentence imposed on the applicants.
- The application for revision 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.16 OF 2020
SAMIRA LESHAU
NARIKUNI LESHAU........APPLICANTS
VERSUS
REPUBLIC......................RESPONDENT
(Revision of the Original Sentence dated 24. 10. 2019 in Nanyuki Criminal Case No.389 of 2019 – V.M. Masivo, RM)
23/03/2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. Both convicts herein SHAMIRA LESHAU and NARIKUNI LESHAU were on 24. 10. 19 sentenced to 3 years imprisonment each for the offence of performing female genital mutilation contrary to Section 19(1) as read with Section 29 of the Prohibition of Female Genital Mutilation, Act No.32 of 2011 and aiding and abetting the offence contrary to Section 20(a) of the same Act, respectively.
2. Despite the current Coronavirus (COVID – 19) emergency, I am not satisfied that this case is suitable for intervention by this court in exercise of its revisionary powers under Sections 362 and 364 of 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