[2016] KEHC 8326 (KLR)

[2016] KEHC 8326 (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 her own cost, as evidenced by the air ticket...

Source-derived case information.

Citation
[2016] KEHC 8326 (KLR)
Parties
Applicant: Enid Gatwiri Mbae; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Criminal Appeal 387 of 2016
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application allowed in part
Legal Topics
Sentence Revision, Deportation, Criminal Procedure
Source Language
en
Criminal Law Sentence Revision Deportation Criminal Procedure

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Summary, issues, holding and outcome

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Parties

Enid Gatwiri Mbae

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 at his own cost.

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 her own cost, as evidenced by the air ticket reservation, and directed her temporary remand at the Immigration Centre pending departure.

Court Disposition

application allowed in part

Orders

  • The applicant's sentence is revised to the period served.
  • The applicant shall be repatriated to Lagos-Nigeria at her own cost as evidenced by the air ticket reservation code WHYUVS via Ethiopia Airline to depart JKIA on 29/10/2016 at 05:00.