[2023] KEHC 19628 (KLR)
The court found that the applicant had been released from prison on a presidential pardon as evidenced by the County Probation Director's letter. There was no lawful basis for his continued detention in relation to the offences for which he had been pardoned. The court therefore ordered his immediate release if he...
Source-derived case information.
- Citation
- [2023] KEHC 19628 (KLR)
- Parties
- Applicant: Hezron Crisantos Momanyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E067 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed. Applicant to be released forthwith unless held for any other lawful cause. Revision file closed.
- Judges
- WA Okwany
- Legal Topics
- Shop Breaking, Stealing, Malicious Damage to Property, Sentencing, Presidential Pardon
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hezron Crisantos Momanyi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was lawfully held in custody after a presidential pardon.
- 2 Whether the orders of compensation and fines imposed by the trial court were properly executed.
Ratio Decidendi
The court found that the applicant had been released from prison on a presidential pardon as evidenced by the County Probation Director's letter. There was no lawful basis for his continued detention in relation to the offences for which he had been pardoned. The court therefore ordered his immediate release if he was still in custody, unless held for any other lawful cause. The revision file was closed as there was no further issue for determination.
Court Disposition
Application allowed. Applicant to be released forthwith unless held for any other lawful cause. Revision file closed.
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
17 paragraphs
Momanyi v Republic (Criminal Revision E067 of 2023) [2023] KEHC 19628 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19628 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E067 of 2023
WA Okwany, J
June 29, 2023
Between
Hezron Crisantos Momanyi
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in Criminal Case No. E1275 of 2023 by Hon. B. Okong’o, Resident Magistrate on 5th December 2023)
Ruling
1. The Applicant was charged and convicted on his own plea of guilty for the offence of shop breaking and stealing contrary to section 306 (1) of thePenal Code and malicious damage to property contrary to section 339 of the Penal Code. The trial court ordered the Applicant to pay a fine of Kshs 3,000/= and compensate the complainant in the sum of Kshs 2,060/= or in default to serve 2 months imprisonment for the 1st count and a fine of Kshs 10,000/=, compensation of Kshs 37,400/= to the complainant or in default, to serve 11 months imprisonment. The letter by Kennedy Okemwa the County Probation Director dated June 15, 2023 on Count 2 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