[2018] KEHC 7664 (KLR)
The court found that the applicant had served close to 13 years in prison, which was deemed sufficient punishment. The judge was satisfied that the applicant had learned a lesson and could use the skills acquired in prison for his advancement. Accordingly, the court ordered the applicant's immediate release unless...
Source-derived case information.
- Citation
- [2018] KEHC 7664 (KLR)
- Parties
- Applicant: Peter Kitai Wafula; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case 49 of 2017
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Release
- Outcome
- application allowed; applicant released unless otherwise lawfully held
- Judges
- HK Chemitei
- Legal Topics
- Sentence Review, Release From Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kitai Wafula
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Release
Legal Issues
- 1 Whether the applicant should be released from prison after serving close to 13 years.
- 2 Whether the period already served is sufficient punishment.
Ratio Decidendi
The court found that the applicant had served close to 13 years in prison, which was deemed sufficient punishment. The judge was satisfied that the applicant had learned a lesson and could use the skills acquired in prison for his advancement. Accordingly, the court ordered the applicant's immediate release unless otherwise lawfully held.
Court Disposition
application allowed; applicant released unless otherwise lawfully held
Orders
- The applicant is hereby released forthwith unless lawfully held for any other reason.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
MISC . CRIMINAL CASE NO. 49 OF 2017
(Originating from Chief Magistrate's Court Kitale Criminal Case No. 2352 of 2005)
PETER KITAI WAFULA ….....................................APPLICANT
VERSUS
REPUBLIC ….....................................................RESPONDENT
R U L I N G
I have perused the application dated 23/8/2017 as well as the probation report on record.
I am satisfied that the period served by the applicant of close to 13 years in prison has taught him a lesson hopefully he shall use the skills learned in jail to his further advancement. He is hereby released forthwith unless lawfully held.
Delivered, signed and dated at Kitale this 15th day of March 2018.
____________
H.K. CHEMITEI
JUDGE
15/3/18