[2016] KEHC 8262 (KLR)

[2016] KEHC 8262 (KLR)

The court exercised its revisionary jurisdiction under Section 362 of the Criminal Procedure Code, finding it appropriate to revise the applicant's sentence to the period already served. The court further ordered the applicant's repatriation to Lagos, Nigeria, at his own cost, as evidenced by a valid air ticket...

Source-derived case information.

Citation
[2016] KEHC 8262 (KLR)
Parties
Applicant: Dennis Olomere Gbenga; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 291of 20 of 2016
Procedural Posture
Miscellaneous Application / Ruling
Outcome
Sentence revised to period served; applicant to be repatriated to Nigeria at own cost.
Legal Topics
Sentence Revision, Deportation, Criminal Procedure
Source Language
en
Criminal Law Sentence Revision Deportation Criminal Procedure

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Parties

Dennis Olomere Gbenga

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the applicant's sentence should be revised under Section 362 of the Criminal Procedure Code.
  2. 2 Whether the applicant should be repatriated to Nigeria upon completion of sentence.

Ratio Decidendi

The court exercised its revisionary jurisdiction under Section 362 of the Criminal Procedure Code, finding it appropriate to revise the applicant's sentence to the period already served. The court further ordered the applicant's repatriation to Lagos, Nigeria, at his own cost, as evidenced by a valid air ticket reservation. The applicant was to be held at the Industrial Area Police Station Immigration Centre pending his scheduled departure, with a mention date set to confirm compliance with the repatriation order.

Court Disposition

Sentence revised to period served; applicant to be repatriated to Nigeria at own cost.

Orders

  • The applicant's sentence is revised to the period served.
  • The applicant shall be repatriated to Lagos-Nigeria at his cost as evidenced by the Air Ticket Reservation Code WHYUVS via Ethiopia Airline to depart JKIA on 29/10/2016 at 05:00.