[2020] KEHC 6894 (KLR)
The court found no sufficient reason to interfere with the sentence imposed by the trial court for the offence of handling stolen goods. The existence of the COVID-19 crisis was not considered a valid ground for revision in this case. The sentence of three years' imprisonment was within the law and not manifestly...
Source-derived case information.
- Citation
- [2020] KEHC 6894 (KLR)
- Parties
- Applicant: Simon Lobokon; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 84 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- application for revision dismissed
- Legal Topics
- Sentencing Revision, Handling Stolen Goods, Robbery With Violence, Penal Code Section 322, Penal Code Section 296
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Lobokon
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed for handling stolen goods should be revised in light of the circumstances, including the COVID-19 crisis.
Ratio Decidendi
The court found no sufficient reason to interfere with the sentence imposed by the trial court for the offence of handling stolen goods. The existence of the COVID-19 crisis was not considered a valid ground for revision in this case. The sentence of three years' imprisonment was within the law and not manifestly excessive or improper. Therefore, the application for revision was dismissed and the original sentence upheld.
Court Disposition
application for revision 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. 84 OF 2020
SIMON LOBOKON..............................APPLICANT
VERSUS
REPUBLIC.......................................RESPONDENT
(Revision of the Original Sentence dated 17. 04. 2019 in Maralal Criminal Case No.681 of 2018– 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 herein.
2. The Convict, SIMON LOBOKON, was convicted of the alternative charge of handling stolen goods contrary to Section 322(1) & (2) of the Penal Code. He was acquitted of the main charge of Robbery with Violence contrary to Section 296(2) of the Penal code.
On 17. 04. 2019 the convict was sentenced to three (3) years imprisonment.
4. Despite the Coronavirus (COVID-19) crisis in our country today, I donot consider this to be a suitable case for interference with the sentence in exercise of this court’s revisionary powers.
5. The request for revision of sentence is dismissed. It is so ordered.
DATED AT NANYUKI THIS 8TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT