[2023] KEHC 19615 (KLR)
The applicant was convicted on his own plea of guilty for dealing with alcoholic drinks without a license and sentenced to a fine or imprisonment. Evidence from the County Probation Director confirmed that the applicant had been released from prison on a presidential pardon. The court found that, in the unlikely...
Source-derived case information.
- Citation
- [2023] KEHC 19615 (KLR)
- Parties
- Applicant: Haron Moyaba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E080 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed; applicant to be released if still in custody unless held for another lawful cause; revision file closed.
- Judges
- WA Okwany
- Legal Topics
- Plea of Guilty, Sentencing, Alcoholic Drinks Control, Presidential Pardon
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Haron Moyaba
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was lawfully convicted and sentenced for dealing with alcoholic drinks without a license.
- 2 Whether the applicant should be released following a presidential pardon.
Ratio Decidendi
The applicant was convicted on his own plea of guilty for dealing with alcoholic drinks without a license and sentenced to a fine or imprisonment. Evidence from the County Probation Director confirmed that the applicant had been released from prison on a presidential pardon. The court found that, in the unlikely event the applicant was still in custody, he should be released forthwith unless held for another lawful cause. The revision file was closed as the sentence had been overtaken by events due to the pardon.
Court Disposition
Application allowed; applicant to be released if still in custody unless held for another 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
18 paragraphs
Moyaba v Republic (Criminal Revision E080 of 2023) [2023] KEHC 19615 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19615 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E080 of 2023
WA Okwany, J
June 29, 2023
Between
Haron Moyaba
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E241 of 2023 by Hon. M.C. Nyigei, Principal Magistrate on 27{{^th}} February 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of dealing with alcoholic drinks without a license contrary to section 7 (1) (b) as read with section 34 (a) of the Alcoholic Drinks Control Act No 4 of 2010. The trial court sentenced him to pay a fine of Kshs 10,000/= or in default, to serve 6 months 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.
2Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE