[2022] KEHC 11665 (KLR)
The court found that since the applicant had completed serving the sentence imposed upon conviction for 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...
Source-derived case information.
- Citation
- [2022] KEHC 11665 (KLR)
- Parties
- Applicant: Mangera Onsako; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E008 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed; applicant released from custody unless held for another lawful cause
- Judges
- JN Kamau
- Legal Topics
- Alcoholic Drinks Control, Licensing Offences, Sentencing, Conviction, Release From Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mangera Onsako
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant should be released from custody after completing the imposed sentence.
Ratio Decidendi
The court found that since the applicant had completed serving the sentence imposed upon conviction for 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
application allowed; 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
Onsako v Republic (Criminal Revision E008 of 2022) [2022] KEHC 11665 (KLR) (3 August 2022) (Ruling)
Neutral citation: [2022] KEHC 11665 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E008 of 2022
JN Kamau, J
August 3, 2022
Between
Mangera Onsako
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence and dealing with alcoholic drinks without licence contrary to Section 7(1)(b) as read with Section 34(a) as the Alcoholic Drinks Control Act No. 4 of 2020. He pleaded guilty and was convicted on 18/3/2022. He was fined Kshs. 45,000/- and in default to serve six (6) months imprisonment. He has since completed his sentence. It is hereby directed 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