[2020] KEHC 6885 (KLR)
The court found no sufficient reason or exceptional circumstance to warrant interference with the sentence imposed by the trial court. Despite the ongoing COVID-19 crisis, the case did not present grounds justifying revision of the sentence. The sentence of one year imprisonment for the offences of threatening to...
Source-derived case information.
- Citation
- [2020] KEHC 6885 (KLR)
- Parties
- Applicant: Simon Lemalaso; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 76 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- application for revision dismissed
- Legal Topics
- Sentencing Revision, Threats to Kill, Malicious Damage to Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Lemalaso
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court should be revised in light of the circumstances, including the COVID-19 crisis.
Ratio Decidendi
The court found no sufficient reason or exceptional circumstance to warrant interference with the sentence imposed by the trial court. Despite the ongoing COVID-19 crisis, the case did not present grounds justifying revision of the sentence. The sentence of one year imprisonment for the offences of threatening to kill and malicious damage to property was deemed appropriate and lawful. The court therefore dismissed the application for revision and upheld the original sentence.
Court Disposition
application for revision dismissed
Orders
- The request for revision is dismissed.
- The original sentence imposed by the trial court is upheld.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.76 OF 2020
SIMON LEMALASO.......APPLICANT
VERSUS
REPUBLIC ..................RESPONDENT
(Revision of the Original Sentence dated 20. 01. 2020 in Maralal Criminal Case No.24 of 2020– A. Gachie, SRM)
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, SIMON LEMALASO, was on 20. 01. 2020 sentenced tone (1) year imprisonment (concurrent) for 2 counts of threatening to kill contrary to Section 223(1) and Malicious Damage to property contrary to Section 339(1) & (2)(a), all of the Penal Code.
3. Despite the Coronavirus (COVID-19) crisis in our country today, I do not consider this to be a suitable case for interference by this court with the sentence in exercise of its revisionary powers.
4. The request for revision 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