[2022] KEHC 11102 (KLR)
The applicant was convicted on his own plea of guilty for possession of narcotic drugs and sentenced to a fine of Ksh 30,000 or six months imprisonment. Having completed the sentence, there is no legal basis for his continued detention. The court therefore directed his immediate release unless held for any other...
Source-derived case information.
- Citation
- [2022] KEHC 11102 (KLR)
- Parties
- Applicant: Brian Aloice Morara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E037 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed. Applicant to be released forthwith unless held for any other lawful cause.
- Judges
- JN Kamau
- Legal Topics
- Narcotic Drugs Possession, Plea of Guilty, Sentencing, Criminal Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brian Aloice Morara
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was lawfully convicted and sentenced for possession of narcotic drugs.
- 2 Whether the applicant is entitled to release if the sentence has been served.
Ratio Decidendi
The applicant was convicted on his own plea of guilty for possession of narcotic drugs and sentenced to a fine of Ksh 30,000 or six months imprisonment. Having completed the sentence, there is no legal basis for his continued detention. The court therefore directed his immediate release unless held for any other lawful cause.
Court Disposition
Application allowed. Applicant to be released forthwith unless held for any other lawful cause.
Orders
- The applicant be released forthwith unless held for any other lawful cause.
Full Case Text
Judgment text and source record
16 paragraphs
Morara v Republic (Criminal Revision E037 of 2022) [2022] KEHC 11102 (KLR) (4 August 2022) (Ruling)
Neutral citation: [2022] KEHC 11102 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E037 of 2022
JN Kamau, J
August 4, 2022
Between
Brian Aloice Morara
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged and convicted on his own plea of guilty of the offence of being in possession of narcotic drugs contrary to Section 3(1) as read with Section 3(2) of the Narcotic and Psychotropic Substance ActNo 4 of 1994. He was fined Ksh 30,000/- in default to serve six (6) months imprisonment on 21/3/2022. He has since completed his sentence. 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 lawful cause. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 4THAUGUST 2022J. KAMAUJUDGEHCCRREV E037 OF 2022 PAGE 1