[2022] KEHC 11009 (KLR)
The court found that the applicant's three-year sentence, which commenced on 20/12/2019, should have ended on 19/1/2021 after accounting for remission. The continued incarceration of the applicant beyond this date was unlawful. The court relied on the probation officer's report and the statutory provisions regarding...
Source-derived case information.
- Citation
- [2022] KEHC 11009 (KLR)
- Parties
- Applicant: Abraham Musumba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E080 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed; applicant to be released forthwith unless held for another lawful cause.
- Judges
- JN Kamau
- Legal Topics
- Sentencing Remission, Illegal Detention, False Pretence, Forgery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abraham Musumba
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was serving an illegal sentence beyond the remission period.
- 2 Whether the applicant should be released from custody immediately.
Ratio Decidendi
The court found that the applicant's three-year sentence, which commenced on 20/12/2019, should have ended on 19/1/2021 after accounting for remission. The continued incarceration of the applicant beyond this date was unlawful. The court relied on the probation officer's report and the statutory provisions regarding remission to conclude that the applicant was serving an illegal sentence and should be released immediately unless held for another lawful cause.
Court Disposition
application allowed; applicant to be released forthwith unless held for another lawful cause.
Orders
- The applicant is to be released forthwith unless held for any other lawful cause.
Full Case Text
Judgment text and source record
16 paragraphs
Musumba v Republic (Criminal Revision E080 of 2022) [2022] KEHC 11009 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 11009 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E080 of 2022
JN Kamau, J
August 1, 2022
Between
Abraham Musumba
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of obtaining money by false pretence contrary to Section 313 of the Penal CodeCap 63 (Laws of Kenya) and possession of papers as forgery contrary to Section 367 (a) of the Penal Code. He was arraigned in Court on 20/12/2019 when he pleaded not guilty to the charge and admitted to bail. From the records, he does not appear to have been released on bail. He was convicted on both counts and sentenced to three (3) years imprisonment on each count to run from 20/12/2019. Both sentences were to run concurrently. According to Prisons, the early date of release is 20/12/2023. The Report by Austine Adewa Probation/Community Service Officer that was filed on 29/7/2022 has recommended that the Applicant serves community service order at Makale Primary School. Having noted that the three (3) years imprisonment was to commence on 20/12/2019 and taking into account the remission of his sentence, the Applicant ought to have completed his sentence on 19/1/2021. He has been serving an illegal sentence. Accordingly, I hereby direct that the Applicant be and is hereby released forthwith unless he be held for any other lawful cause. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J. KAMAUJUDGE