[2023] KEHC 19841 (KLR)
The court found that the applicant had already been released from prison on a presidential pardon, as confirmed by the County Probation Director. The court held 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...
Source-derived case information.
- Citation
- [2023] KEHC 19841 (KLR)
- Parties
- Applicant: Kelvin Bangi Omosa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E029 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
- Grievous Harm, Plea of Guilty, Sentencing, Presidential Pardon
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kelvin Bangi Omosa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to release following a presidential pardon.
- 2 Whether the sentence imposed by the trial court requires further revision.
Ratio Decidendi
The court found that the applicant had already been released from prison on a presidential pardon, as confirmed by the County Probation Director. The court held 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 there was no further issue requiring the court's intervention.
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
17 paragraphs
Omosa v Republic (Criminal Revision E029 of 2023) [2023] KEHC 19841 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19841 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E029 of 2023
WA Okwany, J
June 29, 2023
Between
Kelvin Bangi Omosa
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E016 of 2023 by Hon. C. Ombija, Senior Resident Magistrate on 9th January 2023. )
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of grievous harm contrary to section 234 of the Penal Code. The trial court sentenced him to pay a fine of Kshs 50,000/= 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