[2022] KEHC 12538 (KLR)
The court found that since the applicant had completed his sentence for the offence of dealing with alcoholic drinks without a licence, there was no lawful basis for his continued detention. The court therefore ordered his immediate release from custody unless he was being held for any other lawful cause.
Source-derived case information.
- Citation
- [2022] KEHC 12538 (KLR)
- Parties
- Applicant: Job Nyarango; Respondent: The Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E011 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- applicant released from custody unless held for another lawful cause
- Judges
- JN Kamau
- Legal Topics
- Alcoholic Drinks Control, Licensing Offences, Sentencing, Release From Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Job Nyarango
Applicant
The Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant should be released from custody after completing his sentence for dealing with alcoholic drinks without a licence.
Ratio Decidendi
The court found that since the applicant had completed his sentence for the offence of dealing with alcoholic drinks without a licence, there was no lawful basis for his continued detention. The court therefore ordered his immediate release from custody unless he was being held for any other lawful cause.
Court Disposition
applicant released from custody unless held for another lawful cause
Orders
- The applicant be and is hereby released from custody unless held for any other lawful cause.
Full Case Text
Judgment text and source record
16 paragraphs
Nyarango v Republic (Criminal Revision E011 of 2022) [2022] KEHC 12538 (KLR) (3 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12538 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E011 of 2022
JN Kamau, J
August 3, 2022
Between
Job Nyarango
Applicant
and
The Republic
Respondent
Ruling
1. The applicant was charged with the offence of dealing with alcoholic drinks without licence contrary to section 7 (1)(b) as read with section 34 (a) of the Alcoholic Drinks Control Act No 4 of 2010. He was convicted and fined Kshs 12,000/- in default to serve six (6) months imprisonment. He has since completed his sentence. I hereby direct that the applicant be and is hereby released from custody unless he be held for any other lawful cause. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 3RD AUGUST 2022J KAMAUJUDGE