[2003] KEHC 160 (KLR)
The court found that the appellant, being a foreign national willing to return to her home country, and considering the expense of her continued detention to the Kenyan state, justified setting aside the original sentence. The court exercised its discretion to substitute the sentence with the period already served,...
Source-derived case information.
- Citation
- [2003] KEHC 160 (KLR)
- Parties
- Appellant: Jane Nyandutu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 37 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed on sentence; sentence set aside and substituted with period served; appellant to be released and repatriated.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Sentencing Appeals, Foreign Nationals, Repatriation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Nyandutu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant should be set aside and substituted with the period already served.
Ratio Decidendi
The court found that the appellant, being a foreign national willing to return to her home country, and considering the expense of her continued detention to the Kenyan state, justified setting aside the original sentence. The court exercised its discretion to substitute the sentence with the period already served, ordering her immediate release unless otherwise lawfully held, and directed her repatriation to Uganda.
Court Disposition
appeal allowed on sentence; sentence set aside and substituted with period served; appellant to be released and repatriated.
Orders
- The appeal on sentence is allowed on all counts.
- The sentence is set aside and substituted with the period already served.
Full Case Text
Judgment text and source record
8 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL APPEAL NO. 37 OF 2003
From original conviction and Sentence in Criminal Case No 41 of 2003 of
The Chief Magistrate’s Court at Nairobi)
JANE NYANDUTU………………………………………..APPELLANT VERSUS REPUBLIC…………………………………………………..RESPONDENT JUDGMENT This appeal is against sentence only. The appellant is a Ugandan. She is ready to go back home. Her continued stay in Kenya is expensive for the country.
I allow the appeal on sentence on all counts by setting the same aside and substitute the same with the period already served such that the appellant shall be released forthwith unless otherwise lawfully held. She shall then be re-patriated to Uganda.
Orders accordingly.
MBOGHOLI MSAGHA JUDGE 25/3/2003