[2023] KEHC 19629 (KLR)
The court found that the applicant, having been convicted and sentenced to one year imprisonment for stealing, was released from prison on a presidential pardon as confirmed by the County Probation Director. The court held that in the event the applicant was still in custody, he should be released forthwith unless...
Source-derived case information.
- Citation
- [2023] KEHC 19629 (KLR)
- Parties
- Applicant: Brian Matutu Mokaya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E040 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed; applicant to be released if still in custody unless held for another lawful cause.
- Judges
- WA Okwany
- Legal Topics
- Stealing Offence, Plea of Guilty, Presidential Pardon, Sentence Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brian Matutu Mokaya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to release following a presidential pardon.
- 2 Whether the sentence imposed by the trial court requires revision in light of the pardon.
Ratio Decidendi
The court found that the applicant, having been convicted and sentenced to one year imprisonment for stealing, was released from prison on a presidential pardon as confirmed by the County Probation Director. The court held that in the event the applicant was still in custody, he should be released forthwith unless held for any other lawful cause. The revision file was closed as there was no further issue to be determined, the applicant having already benefited from the presidential pardon.
Court Disposition
Application allowed; applicant to be released if still in custody unless held for another lawful cause.
Orders
- If the applicant is still in custody, he shall be released forthwith unless held for any other lawful cause.
- The revision file is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
Mokaya v Republic (Criminal Revision E040 of 2023) [2023] KEHC 19629 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19629 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E040 of 2023
WA Okwany, J
June 29, 2023
Between
Brian Matutu Mokaya
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E1211 of 2022 by Hon. W.K. Chepseba, Chief Magistrate on 1st December 2022)
Ruling
1. The Applicant were convicted on their own plea of guilty for the offence of stealing contrary to section 268 as read with section 275 of the Penal Code. The trial court sentenced each of him to serve 1 year imprisonment. The letter by Kennedy Okemwa the County Probation Director dated June 15, 2023 indicates that the Applicant was released from Kisii GK Prison on May 28, 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.
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE