Prosecution v Gucha [2025] KEHC 9853 (KLR) | Criminal Revision | Esheria

Prosecution v Gucha [2025] KEHC 9853 (KLR)

Full Case Text

Prosecution v Gucha (Criminal Revision E071 of 2025) [2025] KEHC 9853 (KLR) (9 July 2025) (Ruling)

Neutral citation: [2025] KEHC 9853 (KLR)

Republic of Kenya

In the High Court at Garissa

Criminal Revision E071 of 2025

JN Onyiego, J

July 9, 2025

Between

Prosecution

Applicant

and

Sahara Gucha

Respondent

Ruling

1. This file having been brought to my attention by the Resident Magistrate Wajir Law Courts pursuant to the Presiding Judge Marsabit High Court’s direction to place the file before me for revision, and having considered the same in exercise of the powers conferred upon this Court under Article 165(6) and (7) of the Constitution, Sections 362 and 364 of the CPC, It’s in my considered opinion that the sentence imposed upon the accused was harsh in the circumstances.

2. Accordingly, the sentence is hereby reviewed to the period already served. Accused shall be set free forthwith unless otherwise lawfully held. The OCS Wajir in conjunction with the Immigration office to repatriate her back to her home country.

DATED, SIGNED AND DELIVERED THIS 9TH DAY OF JULY 2025………………………J. N. ONYIEGOJUDGE