[2023] KEHC 19608 (KLR)
The court found that the applicant had already been released from custody on a Presidential pardon, and therefore, there was no further basis for his continued detention. The conviction and sentence were lawfully imposed following a plea of guilty, but the subsequent pardon extinguished the custodial aspect of the...
Source-derived case information.
- Citation
- [2023] KEHC 19608 (KLR)
- Parties
- Applicant: Douglas Areba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E021 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed; applicant to be released if still in custody unless held for another lawful cause; revision file closed.
- Judges
- WA Okwany
- Legal Topics
- Alcoholic Drinks Control, Plea of Guilty, Sentencing, Presidential Pardon
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Areba
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was lawfully convicted and sentenced for dealing with alcoholic drinks without a license.
- 2 Whether the applicant is entitled to release following a Presidential pardon.
Ratio Decidendi
The court found that the applicant had already been released from custody on a Presidential pardon, and therefore, there was no further basis for his continued detention. The conviction and sentence were lawfully imposed following a plea of guilty, but the subsequent pardon extinguished the custodial aspect of the sentence. The court directed that, in the unlikely event the applicant was still in custody, he be released forthwith unless held for another lawful cause. The revision file was closed as there was no further issue for determination.
Court Disposition
Application allowed; applicant to be released if still in custody unless held for another lawful cause; revision file closed.
Orders
- In the unlikely event that the applicant is still in custody, he is to be released forthwith unless held for any other lawful cause.
- The revision file is hereby closed.
Full Case Text
Judgment text and source record
17 paragraphs
Areba v Republic (Criminal Revision E021 of 2023) [2023] KEHC 19608 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19608 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E021 of 2023
WA Okwany, J
June 29, 2023
Between
Douglas Areba
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E170 of 2023 by Hon. W.K. Chepseba, Chief Magistrate on 6th February 2023)
Ruling
1. The applicant was convicted on his own plea of guilty for the offence of dealing with alcoholic drinks without a license contrary to section 7 (1) (b) as read with section 34 (a) of the Alcoholic Drinks Control Act No. 4 of 2010. On February 6, 2023, the trial court sentenced him to a fine of Kshs. 20,000/= or in default, to serve 6 months imprisonment. The letter by Kennedy Okemwa the County Probation Director dated June 15, 2023 indicates that the applicant was released from Kisii GK Prison on May 28, 2023 on Presidential pardon. In the unlikely event that he is still in custody, it is hereby directed that he be released forthwith unless he be held for any other lawful cause. The revision file is hereby closed.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE