[2024] KEHC 3481 (KLR)
The court found that since the applicant had already served the entirety of his 18-month sentence for burglary and stealing, the application for review of sentence was rendered moot. There was no lawful basis for continued detention, and the applicant was entitled to immediate release unless otherwise lawfully held....
Source-derived case information.
- Citation
- [2024] KEHC 3481 (KLR)
- Parties
- Applicant: John Nanjala Masika; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E019 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application marked as spent; applicant to be released forthwith unless otherwise lawfully held; file closed.
- Judges
- RN Nyakundi
- Legal Topics
- Sentence Review, Burglary, Stealing, Criminal Procedure, Release Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Nanjala Masika
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a review of sentence after serving the imposed term.
- 2 Whether the applicant should be released forthwith having served the sentence in full.
Ratio Decidendi
The court found that since the applicant had already served the entirety of his 18-month sentence for burglary and stealing, the application for review of sentence was rendered moot. There was no lawful basis for continued detention, and the applicant was entitled to immediate release unless otherwise lawfully held. The application was marked as spent and the file ordered closed.
Court Disposition
Application marked as spent; applicant to be released forthwith unless otherwise lawfully held; file closed.
Orders
- The applicant shall be released forthwith unless otherwise lawfully held.
- The application is marked as spent.
Full Case Text
Judgment text and source record
19 paragraphs
Masika v Republic (Criminal Revision E019 of 2024) [2024] KEHC 3481 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3481 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E019 of 2024
RN Nyakundi, J
April 11, 2024
Between
John Nanjala Masika
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged, tried, convicted and sentenced to 2 years imprisonment for the offence of burglary contrary to section 304(2) and stealing contrary to section 279(b) of the penal code.
2. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2)(p) &(q) as conjunctively read with Article 50(6)(a) &(b) of the Constitution.
3. The applicant seeks review of sentence. However, the sentence of 18 months has been served to completion. The applicant therefore should be released forthwith unless and otherwise lawfully held. The application is hereby marked as spent and the file be closed.
4. It is so ordered.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11TH DAY OF APRIL 2024. .................................R. NYAKUNDIJUDGE