[2022] KEHC 10984 (KLR)
The court found that since the applicant had already completed his sentence as of 1/8/2022, there was no sentence left to review. However, to prevent unlawful detention, the court ordered that the applicant be released from custody forthwith unless held for any other lawful cause. The court's decision was based on...
Source-derived case information.
- Citation
- [2022] KEHC 10984 (KLR)
- Parties
- Applicant: Charles Manono Bitengo; Respondent: The Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E002 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application spent; applicant to be released unless held for another lawful cause.
- Judges
- JN Kamau
- Legal Topics
- Obstruction of Police Officer, Resisting Arrest, Criminal Revision, Release From Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Manono Bitengo
Applicant
The Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether there is any sentence left to review after the applicant completed his sentence.
- 2 Whether the applicant should be released from custody if he is still being held.
Ratio Decidendi
The court found that since the applicant had already completed his sentence as of 1/8/2022, there was no sentence left to review. However, to prevent unlawful detention, the court ordered that the applicant be released from custody forthwith unless held for any other lawful cause. The court's decision was based on the principle that continued detention after completion of a sentence is unlawful unless justified by another lawful cause.
Court Disposition
Application spent; applicant to be released unless held for another lawful cause.
Orders
- The applicant shall be released from custody forthwith unless held for any other lawful cause.
Full Case Text
Judgment text and source record
16 paragraphs
Bitengo v Republic (Criminal Revision E002 of 2022) [2022] KEHC 10984 (KLR) (3 August 2022) (Ruling)
Neutral citation: [2022] KEHC 10984 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E002 of 2022
JN Kamau, J
August 3, 2022
Between
Charles Manono Bitengo
Applicant
and
The Republic
Respondent
Ruling
1. The applicant was charged with obstructing a police officer contrary to Section 103 (a) of the National Police Service Act No. 11A of 2011 and resisting arrest by a police officer contrary to Section 103 (a) of the National Police Service Act. As he completed his sentence on 1/8/2022, there is nothing to review. However, in the unlikely event he is still in custody. I hereby direct that he be released from custody forthwith unless he be held for any other lawful cause. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 3RD AUGUST 2022J. KAMAUJUDGE