[2025] KEHC 9853 (KLR)

[2025] KEHC 9853 (KLR)

The court found that the sentence imposed on the accused was harsh in the circumstances. Exercising its revisionary powers under Article 165(6) and (7) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code, the court reviewed the sentence to the period already served and ordered the immediate release of the accused unless otherwise lawfully held. The court further directed the OCS Wajir and the Immigration office to repatriate the accused to her home country.

Citation
[2025] KEHC 9853 (KLR)
Parties
Applicant: Prosecution; Respondent: Sahara Gucha
Court
High Court
Court Station
High Court at Garissa
Jurisdiction
Kenya
Judgment Date
9 July 2025
Case Number
Criminal Revision E071 of 2025
Procedural Posture
Criminal Revision / Ruling
Outcome
sentence reviewed to period already served; accused to be released and repatriated
Judges
JN Onyiego
Legal Topics
Criminal Revision, Sentencing Review, Powers of High Court
Source Language
English
Criminal Law Criminal Revision Sentencing Review Powers of High Court

Case Brief

Summary, issues, holding and outcome

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Parties

Prosecution

Applicant

Sahara Gucha

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the sentence imposed on the accused was harsh in the circumstances and warranted revision.
  2. 2 Whether the High Court should exercise its revisionary jurisdiction under Article 165(6) and (7) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code.

Ratio Decidendi

The court found that the sentence imposed on the accused was harsh in the circumstances. Exercising its revisionary powers under Article 165(6) and (7) of the Constitution and Sections 362 and 364 of the Criminal Procedure Code, the court reviewed the sentence to the period already served and ordered the immediate release of the accused unless otherwise lawfully held. The court further directed the OCS Wajir and the Immigration office to repatriate the accused to her home country.

Court Disposition

sentence reviewed to period already served; accused to be released and repatriated

Orders

  • The sentence imposed upon the accused is reviewed to the period already served.
  • The accused shall be set free forthwith unless otherwise lawfully held.