[2022] KEHC 12381 (KLR)
The court found that, taking into account remission and the period the applicant had already spent in custody since 24/1/2022, he had effectively completed his sentence. Despite the probation officer's report and family concerns, the court was not persuaded to detain the applicant further and ordered his immediate...
Source-derived case information.
- Citation
- [2022] KEHC 12381 (KLR)
- Parties
- Applicant: Lazarus Opiyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E064 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
- Stock Theft, Sentencing, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lazarus Opiyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant should be released before completion of the remainder of his sentence.
- 2 Whether the time already served in custody justifies the applicant's release.
Ratio Decidendi
The court found that, taking into account remission and the period the applicant had already spent in custody since 24/1/2022, he had effectively completed his sentence. Despite the probation officer's report and family concerns, the court was not persuaded to detain the applicant further and ordered his immediate release unless held for another lawful cause.
Court Disposition
Application allowed; applicant released from custody unless held for another lawful cause.
Orders
- The applicant is released from custody forthwith unless lawfully held for any other cause.
Full Case Text
Judgment text and source record
18 paragraphs
Opiyo v Republic (Criminal Revision E064 of 2022) [2022] KEHC 12381 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12381 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E064 of 2022
JN Kamau, J
August 1, 2022
Originally CR Case No E083 of 2022
Between
Lazarus Opiyo
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with Stealing Stock contrary to Section 278 of the Penal Code Cap 63 (Laws of Kenya). He pleaded guilty to the offence when the charges were read to him afresh on 15/3/2022 having been first arraigned in court on 24/1/2022 when he denied the charge. He was fined ksh.10,000/= or in default to serve six (6) months imprisonment on 13/4/2022. The Report of Dennis Kiptanui Probation Officer dated 25/7/2022 does not recommend his release to serve the remaining part of the sentence on account of the very short time he has spent in prison.
2. Taking into account the remission, of his sentence, he ought to be completing the same on 13/8/2022. Since the family members are apprehensive of his release as he is said to be cunning, irresponsible, ungrateful and unworthy, the court is still not persuaded not to order his release before completion of the twelve (12) days of the remainder as his sentence for the reason that he has already completed his sentence having been in custody since 24/1/2022. It is hereby directed that the Applicant be and is hereby released from custody forthwith unless he be lawfully held for any other lawful cause.Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J. KAMAUJUDGE