[2023] KEHC 3414 (KLR)
The court found that since the applicant had already completed serving her sentence, there was no sentence remaining for the court to revise under its revisionary jurisdiction. Accordingly, the only just and lawful order was to direct the applicant's immediate release from prison unless she was otherwise lawfully...
Source-derived case information.
- Citation
- [2023] KEHC 3414 (KLR)
- Parties
- Applicant: Margaret Wambui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E661 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed to the extent of ordering release; file closed.
- Judges
- HM Nyaga
- Legal Topics
- Threatening to Kill, Malicious Damage to Property, Plea of Guilty, Sentencing, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Wambui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the court can revise a sentence that has already been fully served by the applicant.
- 2 Whether any further orders are available to the applicant after completion of sentence.
Ratio Decidendi
The court found that since the applicant had already completed serving her sentence, there was no sentence remaining for the court to revise under its revisionary jurisdiction. Accordingly, the only just and lawful order was to direct the applicant's immediate release from prison unless she was otherwise lawfully held in connection with another criminal matter.
Court Disposition
Application allowed to the extent of ordering release; file closed.
Orders
- The applicant be released from prison forthwith unless otherwise lawfully held in connection with any other criminal case.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Wambui v Republic (Revision Case E661 of 2022) [2023] KEHC 3414 (KLR) (20 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3414 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E661 of 2022
HM Nyaga, J
April 20, 2023
Between
Margaret Wambui
Applicant
and
Republic
Respondent
Ruling
1. The applicant Margaret Wambui was convicted on her own plea of guilty for the offences of threatening to kill contrary to section 223(1) of the PenalCode and Malicious damage to property contrary to section 339(1) of the Penal Code.
2. On October 4, 2022, she was sentenced to serve 3 months’ imprisonment on each count and they were to run consecutively.
3. She therefore finished serving her sentence on or about March 4, 2023. Having finished serving the sentence imposed by the trial court, there is no sentence which is left for this court to revise.
4. Consequently, the only just order which this court can make which I hereby do, is to order that the applicant be released from prison forthwith unless otherwise lawfully held in connection with any other criminal case. Orders accordingly.
5. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 20THApril, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant present