[2014] KEHC 473 (KLR)
The High Court found that the accused, Lizzy Harufa Abia, had served a substantial portion of her one year imprisonment sentence. Exercising its revisionary jurisdiction, the court determined that the interests of justice would be served by reducing the sentence to the period already served. The court accordingly...
Source-derived case information.
- Citation
- [2014] KEHC 473 (KLR)
- Parties
- Applicant: Lizzy Harufa Abia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 12 of 2014
- Procedural Posture
- Criminal Revision / Orders on Revision
- Outcome
- sentence revised to period already served; accused to be set at liberty unless otherwise lawfully held
- Judges
- SJ Chitembwe
- Legal Topics
- Sentence Review, Imprisonment Term, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lizzy Harufa Abia
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Orders on Revision
Legal Issues
- 1 Whether the sentence imposed on the accused should be revised in light of the period already served.
Ratio Decidendi
The High Court found that the accused, Lizzy Harufa Abia, had served a substantial portion of her one year imprisonment sentence. Exercising its revisionary jurisdiction, the court determined that the interests of justice would be served by reducing the sentence to the period already served. The court accordingly ordered the immediate release of the accused unless otherwise lawfully held, thereby substituting the original sentence with time served.
Court Disposition
sentence revised to period already served; accused to be set at liberty unless otherwise lawfully held
Orders
- The one year imprisonment sentence is reviewed to the period already served.
- The accused shall be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MALINDI
CRIMINAL REVISION NO. 12 OF 2014
LIZZY HARUFA ABIA ….........................................................................APPLICANT
VERSUS
REPUBLIC ….......................................................................................RESPONDENT
FROM THE ORIGINAL GARSEN PRINCIPAL
MAGISTRATE'S COURT CRIMINAL CASE NO. 76 OF 2014
REPUBLIC ….....................................................................................PROSECUTOR
VERSUS
LIZZY HARUFA ABIA …...........................................................................ACCUSED
ORDERS ON REVISION
After going through the proceedings of the trial court, I do find that the accused has served a substantial part of the sentence. The one year imprisonment sentence is hereby reviewed to the period already served. The accused shall be set at liberty unless otherwise lawfully held.
Delivered and signed at Malindi this 5thday of November, 2014
S. Chitembwe
JUDGE