[2022] KEHC 12391 (KLR)
The court found that the applicant had been convicted on his own plea of guilty and sentenced to twelve months imprisonment. As the sentence had already lapsed by the time of the ruling, the court held that the applicant was entitled to immediate release unless lawfully held for another cause. The court thus ordered...
Source-derived case information.
- Citation
- [2022] KEHC 12391 (KLR)
- Parties
- Applicant: Peter Mausi Machogu; Respondent: The Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E035 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed. Applicant to be released forthwith unless held for another lawful cause.
- Judges
- JN Kamau
- Legal Topics
- Burglary, Stealing, Handling Stolen Goods, Plea of Guilty, Sentencing, Release From Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mausi Machogu
Applicant
The Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was lawfully convicted and sentenced for burglary, stealing, and handling stolen goods.
- 2 Whether the applicant is entitled to release if his sentence has expired.
Ratio Decidendi
The court found that the applicant had been convicted on his own plea of guilty and sentenced to twelve months imprisonment. As the sentence had already lapsed by the time of the ruling, the court held that the applicant was entitled to immediate release unless lawfully held for another cause. The court thus ordered his release forthwith if still in custody.
Court Disposition
Application allowed. Applicant to be released forthwith unless held for another lawful cause.
Orders
- The applicant shall be released forthwith unless held for any other lawful cause.
Full Case Text
Judgment text and source record
16 paragraphs
Machogu v Republic (Criminal Revision E035 of 2022) [2022] KEHC 12391 (KLR) (4 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12391 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E035 of 2022
JN Kamau, J
August 4, 2022
Between
Peter Mausi Machogu
Applicant
and
The Republic
Respondent
Ruling
1. The applicant was charged and convicted on his own plea of guilty of the offence of Burglary contrary to section 304(2) and stealing contrary to section 279(b) of the Penal Code cap 63 (Laws of Kenya). He was also charged with the offence of handling stolen goods contrary to section 322(1) as read with section 322(2) of the Penal Code. He was sentenced to twelve (12) months imprisonment on 23/11/2021. His earliest release date was 23/7/2022. 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. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 4TH AUGUST 2022J. KAMAUJUDGE