[2016] KEHC 8469 (KLR)
The court found that since the Applicant had nearly completed his sentence and was unable to pay the fines, continued detention would serve no practical purpose and would unnecessarily consume public resources. The court exercised its revisionary jurisdiction under Section 364 of the Criminal Procedure Code to set...
Source-derived case information.
- Citation
- [2016] KEHC 8469 (KLR)
- Parties
- Applicant: Dawit Abara Tesfaye; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 80 of 2016
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed; applicant released for deportation
- Legal Topics
- Sentencing Revision, Unlawful Presence, Forgery, Stealing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dawit Abara Tesfaye
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the Applicant was correct, regular, or legal under Section 364 of the Criminal Procedure Code.
- 2 Whether the Applicant should be released from remand given he had nearly completed his sentence and was unable to pay the fines.
- 3 Whether the Applicant should be repatriated to his home country upon release.
Ratio Decidendi
The court found that since the Applicant had nearly completed his sentence and was unable to pay the fines, continued detention would serve no practical purpose and would unnecessarily consume public resources. The court exercised its revisionary jurisdiction under Section 364 of the Criminal Procedure Code to set aside the remainder of the sentence and ordered the Applicant's immediate release from remand. The court further directed that the Applicant be handed over to the Immigration Deportation Centre for repatriation to Ethiopia, considering his willingness to return and the lack of opposition from the Respondent.
Court Disposition
application allowed; applicant released for deportation
Orders
- The Applicant is forthwith set free, having served sufficient punishment.
- The Applicant shall be released to the Immigration Deportation Centre for purposes of repatriation to Ethiopia.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 80 OF 2016
DAWIT ABARA TESFAYE.................................................APPLICANT
VERSUS
REPUBLIC.....................................................................RESPONDENT
RULING
The Applicant was charged with four counts of steali, forgery, uttering a false document and being unlawfully in Kenya. He was found guilty in all the four counts and sentenced to pay a fine Kshs. 100,000/= in respect of each of the counts or serve 6 months imprisonment. The sentence was passed on 21st January, 2015. Pursuant to Section 364 of the Criminal Procedure Code, the Applicant asks the court to satisfy itself as to the correctness, regularity or legality of the sentence passed. He urges the court to revise the same and set him free. He was also ready to go back to his home country in Ethiopia by road. He intimidated that he would buy a bus ticked to actuate the same. As at the date of hearing the application on 13th December, 2016, he informed the court that he only had one month to complete the sentence. The respondent did not oppose the application but urged that the Applicant be released to the Deportation Centre so that he could be repatriated to his home country.
I have considered the application. It is true that the Applicant is just about to complete his sentence and it serves no purpose to continue holding him in remand. After all, he will just consume tax payers’ money having been unable to raise the fines. His application must succeed in any event. I allow the same with an order that he be and is hereby forthwith set free having served sufficient punishment. He shall be released to the Immigration Deportation Centre for purposes of repatriation to his home country, Ethiopia. It is so ordered.
DATED and DELIVERED this 21st day of DECEMBER, 2016.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. Applicant in person
2. ……………for the Respondent.