[2023] KEHC 19982 (KLR)
The court found that since the applicant, Charles Motanya, had already been released from prison on a Presidential Pardon, the application for rescission of sentence under the Decongestion of Prisons program was rendered moot. There was no longer any live issue for the court to determine, and as such, the matter was...
Source-derived case information.
- Citation
- [2023] KEHC 19982 (KLR)
- Parties
- Applicant: Charles Motanya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E095 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application marked as closed due to applicant's release on presidential pardon.
- Judges
- WA Okwany
- Legal Topics
- Prison Decongestion, Presidential Pardon, Sentence Rescission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Motanya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for rescission of sentence is sustainable after the applicant's release on presidential pardon.
Ratio Decidendi
The court found that since the applicant, Charles Motanya, had already been released from prison on a Presidential Pardon, the application for rescission of sentence under the Decongestion of Prisons program was rendered moot. There was no longer any live issue for the court to determine, and as such, the matter was marked as closed.
Court Disposition
Application marked as closed due to applicant's release on presidential pardon.
Orders
- The matter is marked as closed.
Full Case Text
Judgment text and source record
18 paragraphs
Motanya v Republic (Criminal Revision E095 of 2023) [2023] KEHC 19982 (KLR) (13 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19982 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E095 of 2023
WA Okwany, J
July 13, 2023
Between
Charles Motanya
Applicant
and
Republic
Respondent
Ruling
1. This matter was listed before me for rescission of sentence under the Decongestion of Prisons program.
2. I however note that through a letter dated July 5, 2023 the Probation Officer, Mr Kennedy Okemwa, indicates that the inmate herein, Charles Motanya was released from Prison on Presidential Pardon.
3. Consequently, I mark this matter as closed.
RULING DATED, SIGNED AND DELIVERED AT NYAMIRA VIA MICROSOFT TEAMS THIS 13THDAY OF JULY 2023. W. A. OKWANYJUDGE