[2020] KEHC 662 (KLR)
The court determined that, since the petitioner’s co-accused had already been released by a competent court on the same facts and circumstances, parity of justice demanded that the petitioner not be treated differently. There being no distinguishing factors between the petitioner and his co-accused, the court...
Source-derived case information.
- Citation
- [2020] KEHC 662 (KLR)
- Parties
- Applicant: Mohamed Issa Mbela; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 41 of 2018
- Procedural Posture
- Constitutional Petition / Judgment on Resentencing
- Outcome
- Petition allowed; petitioner resentenced to time served and released forthwith unless otherwise lawfully held.
- Judges
- DO Ogembo
- Legal Topics
- Resentencing, Parity of Justice, Release Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Issa Mbela
Applicant
Director of Public Prosecutions
Respondent
Procedural Posture
Constitutional Petition / Judgment on Resentencing
Legal Issues
- 1 Whether the petitioner is entitled to resentencing and release on the basis of parity with a co-accused who has already been released.
- 2 Whether continued detention of the petitioner is justified after the co-accused's release.
Ratio Decidendi
The court determined that, since the petitioner’s co-accused had already been released by a competent court on the same facts and circumstances, parity of justice demanded that the petitioner not be treated differently. There being no distinguishing factors between the petitioner and his co-accused, the court resentenced the petitioner to a term equivalent to time already served and ordered his immediate release unless otherwise lawfully held. The decision was made to ensure fairness and consistency in sentencing outcomes for co-accused persons.
Court Disposition
Petition allowed; petitioner resentenced to time served and released forthwith unless otherwise lawfully held.
Orders
- The petitioner is resentenced to a term equivalent to time already served.
- The petitioner is hereby released from prison forthwith unless validly held.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CONSTITUTIONAL PETITION NO. 41 OF 2018
MOHAMED ISSA MBELA........................................................................PETITIONER
VERSUS
DIRECTOR OF PUBLIC PROSECUTIONS..........................................RESPONDENT
JUDGMENT ON RESENTENCING
1. I have seen the Release Order in Petition No.49 of 2018 Malindi where the Petitioner’s co-accused Ali Said Abdalla was released by Malindi Court on 26th February 2020.
2. On that basis, and for parity of justice, the Petitioner herein is now jailed to a term equivalent with that already served with the consequence that the Petitioner is hereby released from prison forthwith unless validly held.
That is the Judgment of the Court.
Dated, Signed and Delivered at Mombasa this 15th day of December, 2020.
E. K. OGOLA
JUDGE
Judgment delivered in chambers via MS Teams in the presence of:
Mr. Fedha for State
Petitioner in person
Ms. Peris Court Assistant
Note:
In view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship the Chief Justice on 15th March 2020, this Judgment has been delivered to the parties online with their consent. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules which requires that all Judgments and Rulings be pronounced in open Court.