Wambui v Republic [2023] KEHC 3414 (KLR)

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