Daniel Ng'ang'a, Benson Mwangi & Elsie Adhiambo v Republic [2014] KEHC 7100 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL REVISION NO. 5 OF 2014

1.  DANIEL NG'ANG'A

2.  BENSON MWANGI

3.  ELSIE ADHIAMBO .......................….. APPLICANTS

VERSUS

REPUBLIC  ……….……...............RESPONDENT

RULING

I have duly perused the lower Court file and I find that the trial magistrate imposed a fine of Ksh. 500/= and a custodial Sentence of one month imprisonment.  She did not indicate that this was in default of non payment of the fine.  The Conviction was on the 17th day of January, 2014.  They have served more than three weeks in prison.

The term served is deemed more than enough punishment.  The  Accused/Appellants persons to be released forthwith .  They are set at liberty unless otherwise lawfully held.

…..............

M.  MUYA

JUDGE

12TH FEBRUARY, 2014