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|Case Number:||Criminal Revision Case 223 of 2008|
|Parties:||SAMUEL MBUSI NDANO v REPUBLIC|
|Date Delivered:||17 Dec 2008|
|Court:||High Court at Machakos|
|Citation:||SAMUEL MBUSI NDANO v REPUBLIC  eKLR|
Criminal practice and procedure-revision-revision on sentence-court orders repatriation of the accused
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THEE HIGH COURT OF KENYA
Criminal Revision Case 223 of 2008
SAMUEL MBUSI NDANO ……… ACCUSED
1. On the intervention of the Chairman National Committee on Community Service Orders the Hon. Mr Justice J.B Ojwang and having seen his letter dated 31st October 2008, it is apparent that the Kajiado G.K Prison is overwhelmed by the number of petty offenders in detention and the over congestion is causing undue injustice to all concerned.
2. Having identified the subject in this matter as one such offender I will exercise discretion and revise the sentence of a fine of Kshs.5,000/= in default 3 months imprisonment and instead order that the subject be forthwith repatriated back to Tanzania and his prison term is set aside.
3. The Officer-in-Charge, Kajiado G.K. Prison to ensure his immediate release and repatriation as aforesaid.
4. Orders accordingly.
Dated and delivered at Machakos this 17th day of December 2008.