[2023] KEHC 19822 (KLR)
The court found that the 1st Applicant, having been pardoned by the President as evidenced by the County Probation Director's letter, should be released forthwith unless held for another lawful cause. As for the 2nd and 3rd Applicants, the court held that in the absence of an application for review of sentence or a...
Source-derived case information.
- Citation
- [2023] KEHC 19822 (KLR)
- Parties
- Applicant: Brian Ongeri Mogaka; Applicant: Edwin Gekone Ongera; Applicant: Carlos Muriasi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E042 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- 1st Applicant to be released if still in custody; 2nd and 3rd Applicants to continue serving sentences; revision file closed.
- Judges
- WA Okwany
- Legal Topics
- Stock Theft, Sentencing, Plea of Guilty, Presidential Pardon
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brian Ongeri Mogaka
Applicant
Edwin Gekone Ongera
Applicant
Carlos Muriasi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the 1st Applicant should be released following a Presidential pardon.
- 2 Whether the sentences for the 2nd and 3rd Applicants should be revised in the absence of an application or recommendation.
Ratio Decidendi
The court found that the 1st Applicant, having been pardoned by the President as evidenced by the County Probation Director's letter, should be released forthwith unless held for another lawful cause. As for the 2nd and 3rd Applicants, the court held that in the absence of an application for review of sentence or a recommendation from the Probation Officer, there was no basis for revising their sentences. The revision file was accordingly closed.
Court Disposition
1st Applicant to be released if still in custody; 2nd and 3rd Applicants to continue serving sentences; revision file closed.
Orders
- If the 1st Applicant is still in custody, he shall be released forthwith unless held for any other lawful cause.
- The 2nd and 3rd Applicants shall continue to serve their sentences as there is no application or recommendation for review.
Full Case Text
Judgment text and source record
22 paragraphs
Mogaka & 2 others v Republic (Criminal Revision E042 of 2023) [2023] KEHC 19822 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19822 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E042 of 2023
WA Okwany, J
June 29, 2023
Between
Brian Ongeri Mogaka
1st Applicant
Edwin Gekone Ongera
2nd Applicant
Carlos Muriasi
3rd Applicant
and
Republic
Respondent
((From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E1340 of 2022 by Hon. B. Okong’o, Resident Magistrate on 25th January 2023))
Ruling
1. The Applicants were convicted on their own plea of guilty for the offence of stealing stock contrary to section 278 of the Penal Code. The trial court sentenced the 1st Applicant to pay a fine of Kshs. 5,000/= and compensate the complainant in the sum of Kshs. 16,000/= of in default, to serve 10 months imprisonment. The 2nd and 3rd Applicants were sentenced to pay a fine of Kshs. 7,000/= and ordered to compensate the complainant in the sum of Kshs. 16,000/= or in default to serve 10 and a half months prison sentence. The letter by Kennedy Okemwa the County Probation Director dated 15th June 2023 indicates that the 1st Applicant was released from Kisii GK Prison on 28th May 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.
2. The 2nd and 3rd Applicants shall continue to serve their sentences as there is neither an Application for a review of sentence nor a recommendation by the Probation Officer on Record for the Court’s consideration.
Orders accordingly.DATED and DELIVERED at NYAMIRA on this 29th day of JUNE 2023. W.A. OKWANYJUDGE