[2013] KEHC 3383 (KLR)
The court found no merit in the appellant's appeal against conviction and sentence, and therefore dismissed the appeal. However, since the appellant had already served his term of imprisonment, the court ordered his immediate release.
Source-derived case information.
- Citation
- [2013] KEHC 3383 (KLR)
- Parties
- Appellant: Gabriel Maina Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 60 of 2005
- Procedural Posture
- Criminal Appeal / Revision
- Outcome
- appeal dismissed; appellant to be released forthwith as sentence served
- Judges
- MJA Emukule
- Legal Topics
- Criminal Appeals, Conviction Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gabriel Maina Mwangi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Revision
Legal Issues
- 1 Whether the appellant's conviction and sentence should be upheld or set aside on appeal.
- 2 Whether the appellant should be released having served his term.
Ratio Decidendi
The court found no merit in the appellant's appeal against conviction and sentence, and therefore dismissed the appeal. However, since the appellant had already served his term of imprisonment, the court ordered his immediate release.
Court Disposition
appeal dismissed; appellant to be released forthwith as sentence served
Orders
- The appeal is dismissed.
- The appellant, having served his term, shall be released forthwith.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
High Court at Nakuru
Criminal Appeal 60 of 2005 [if gte mso 9]><xml>
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(From original conviction and sentence in Criminal Case No. 36 of 2002 of the Principal Magistrate's Court at Nyahururu, D. K. Ngomo, P.M.)
GABRIEL MAINA MWANGI..................................................................APPELLANT
VERSUS
REPUBLIC........................................................................................RESPONDENT
REVISION
On 3rd May 2013, I dismissed the Appellant's appeal and ordered the Appellant back to prison. As the Appellant had served his term, he should be released forthwith.
Dated and signed at Nakuru this 7th day of May, 2013
M. J. ANYARA EMUKULE
JUDGE
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