Achieng v Republic (Criminal Revision E133 of 2024) [2024] KEHC 10616 (KLR) (12 June 2024) (Ruling) Neutral citation: [2024] KEHC 10616 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL REVISION E133 OF 2024 RE ABURILI, J JUNE 12, 2024 BETWEEN DAMARIS ACHIENG .............................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From the original conviction and sentence in Winam Senior Principal Magistrate’s Court Criminal Case No. E385 of 2024) RULING 1. On 28th May 2024, the convict Damaris Achieng was sentenced to a cumulative fine of Kshs 15,000 in default to serve 9 months imprisonment on two counts of creating disturbance in a manner likely to cause breach of the peace and malicious damage to property. This was vide Winam SPM Criminal Case No E385 of 2024. 2. She is serving prison terms which run concurrently and due for release on 28th September 2024. 3. As the she has substantially served the prison term imposed, I hereby order that in the spirit of prison decongestion, the prison term unserved is suspended for 30 days. 4. Unless otherwise lawfully held, the convict Damaris Achieng is hereby set at liberty forthwith. 5. Signal to issue forthwith. 6. This file is closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF JUNE, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/10616/eng@2024-06-12 1
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