[2020] KEHC 6832 (KLR)

[2020] KEHC 6832 (KLR)

The High Court, after examining the trial court record, found no sufficient grounds to interfere with the sentence of ten months imprisonment imposed on the applicant for theft by servant under Section 281 of the Penal Code. The court noted the existence of the COVID-19 crisis but held that this circumstance alone...

Source-derived case information.

Citation
[2020] KEHC 6832 (KLR)
Parties
Applicant: Zachayo Lesegelit; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Case Number
Criminal Revision 23 of 2020
Procedural Posture
Criminal Revision / Order on Revision
Outcome
application dismissed
Judges
DW Mbuteti
Legal Topics
Theft by Servant, Sentencing, Revisionary Powers
Source Language
en
Criminal Law Theft by Servant Sentencing Revisionary Powers

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Parties

Zachayo Lesegelit

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Order on Revision

Legal Issues

  1. 1 Whether the sentence imposed for theft by servant should be revised in light of the COVID-19 crisis.
  2. 2 Whether the case presents sufficient grounds for the High Court to interfere with the sentence under its revisionary jurisdiction.

Ratio Decidendi

The High Court, after examining the trial court record, found no sufficient grounds to interfere with the sentence of ten months imprisonment imposed on the applicant for theft by servant under Section 281 of the Penal Code. The court noted the existence of the COVID-19 crisis but held that this circumstance alone did not render the sentence illegal, improper, or excessive so as to warrant revision. The court reaffirmed that revisionary powers are to be exercised sparingly and only in cases where there is a clear error or injustice, which was not demonstrated in this case. Accordingly, the application for revision was dismissed.

Court Disposition

application dismissed

Orders

  • The request for revision of sentence is dismissed.