Case Metadata |
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Case Number: | Criminal Revision Case 246 of 2008 |
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Parties: | JEFF KATONGOLE v REPUBLIC |
Date Delivered: | 17 Dec 2008 |
Case Class: | Criminal |
Court: | High Court at Machakos |
Case Action: | Revision |
Judge(s): | Isaac Lenaola |
Citation: | JEFF KATONGOLE v REPUBLIC [2008] eKLR |
Court Division: | Criminal |
Parties Profile: | Individual v Government |
County: | Machakos |
Case Summary: | Criminal practice and procedure-revision-revision on sentence-where the court ordered the repatriation of the accused |
Case Outcome: | Accused acquitted |
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 THE HIGH COURT OF KENYA
AT MACHAKOS
Criminal Revision Case 246 of 2008
JEFF KATONGOLE ……………………… ACCUSED
VERSUS
REPUBLIC
REVISION
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: Count 1: A fine of Kshs.20,000/= or in default six (6) months imprisonment, Count 2: A fine of Kshs. 5,000/= or in default three (3) months imprisonment and instead order that the subject be forthwith repatriated back to Uganda 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.
ISAAC LENAOLA
JUDGE