[2017] KEHC 9301 (KLR)
The court found that the applicant had served a sufficient sentence and, as a result, ordered his immediate release unless he is otherwise lawfully held. The decision is based on the principle that continued detention after serving a sufficient sentence is unlawful.
Source-derived case information.
- Citation
- [2017] KEHC 9301 (KLR)
- Parties
- Applicant: Alfred Kimathi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 333 of 2017
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Applicant set free unless otherwise lawfully held.
- Legal Topics
- Sentence Review, Release From Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alfred Kimathi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant has served a sufficient sentence to warrant release.
Ratio Decidendi
The court found that the applicant had served a sufficient sentence and, as a result, ordered his immediate release unless he is otherwise lawfully held. The decision is based on the principle that continued detention after serving a sufficient sentence is unlawful.
Court Disposition
Applicant set free unless otherwise lawfully held.
Orders
- Applicant is forthwith set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CR. REV. NO 333 OF 2017
ALFRED KIMATHI………...……..…………APPLICANT
VERSUS
REPUBLIC ……………………………....RESPONDENT
RULING
Applicant has served sufficient sentence. He is hereby forthwith set free unless otherwise lawfully held.
DATED and DELIVERED this 31st day of July, 2017.
G.W. NGENYE-MACHARIA
JUDGE