[2023] KEHC 19623 (KLR)
The applicant was lawfully convicted on his own plea of guilty for dealing with alcoholic drinks without a license and sentenced to a fine or imprisonment. The court took judicial notice of the letter from the County Probation Director confirming the applicant's release from prison on Presidential pardon. In the...
Source-derived case information.
- Citation
- [2023] KEHC 19623 (KLR)
- Parties
- Applicant: Zadrack Ndayi Nyangondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E028 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application disposed; applicant released if still in custody; revision file closed.
- Judges
- WA Okwany
- Legal Topics
- Alcoholic Drinks Control, Licensing Offences, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zadrack Ndayi Nyangondi
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 is entitled to release following a Presidential pardon.
Ratio Decidendi
The applicant was lawfully convicted on his own plea of guilty for dealing with alcoholic drinks without a license and sentenced to a fine or imprisonment. The court took judicial notice of the letter from the County Probation Director confirming the applicant's release from prison on Presidential pardon. In the event the applicant remained in custody, the court ordered his immediate release 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 disposed; applicant released if still in custody; 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
Nyangondi v Republic (Criminal Revision E028 of 2023) [2023] KEHC 19623 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19623 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E028 of 2023
WA Okwany, J
June 29, 2023
Between
Zadrack Ndayi Nyangondi
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E018 of 2023 by Hon. C.W. Waswa, Senior Resident Magistrate on 4th January 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 30,000/= or in default, to serve 1 year 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.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE