[2023] KECA 1264 (KLR)
The Court of Appeal found that the continued detention of the appellant at the President's pleasure was not justified under the law and set aside the previous order. The court determined that the appellant should be released forthwith unless otherwise lawfully held, pending detailed reasons to be provided at a later...
Source-derived case information.
- Citation
- [2023] KECA 1264 (KLR)
- Parties
- Appellant: SJ alias S; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 192 of 2018
- Procedural Posture
- Criminal Appeal / Order on Substantive Appeal
- Outcome
- Appeal allowed; previous order for detention at the President's pleasure set aside; appellant to be released forthwith unless otherwise lawfully held.
- Judges
- HM Okwengu, HA Omondi, JM Ngugi
- Legal Topics
- Detention at Presidents Pleasure, Release Orders, Criminal Sentencing, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SJ alias S
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Order on Substantive Appeal
Legal Issues
- 1 Whether the appellant should continue to be detained at the President's pleasure.
- 2 Whether the previous order for detention at the President's pleasure should be set aside.
Ratio Decidendi
The Court of Appeal found that the continued detention of the appellant at the President's pleasure was not justified under the law and set aside the previous order. The court determined that the appellant should be released forthwith unless otherwise lawfully held, pending detailed reasons to be provided at a later date. The decision was based on consideration of written and oral submissions from both parties and a review of the prior order and relevant constitutional principles.
Court Disposition
Appeal allowed; previous order for detention at the President's pleasure set aside; appellant to be released forthwith unless otherwise lawfully held.
Orders
- The appeal is allowed.
- The order made by this Court in Criminal Appeal No 622 of 2010 for the appellant to be detained at the President's pleasure is set aside.
Full Case Text
Judgment text and source record
18 paragraphs
SJ alias S v Republic (Criminal Appeal 192 of 2018) [2023] KECA 1264 (KLR) (25 October 2023) (Order)
Neutral citation: [2023] KECA 1264 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Criminal Appeal 192 of 2018
HM Okwengu, HA Omondi & JM Ngugi, JJA
October 25, 2023
Between
SJ alias S
Appellant
and
Republic
Respondent
(Appeal from the Judgment of the High Court of Kenya at Busia (Tuiyott, J.) dated 16 th November, 2014 in CONSTITUTIONAL PETITION NO.5 of 2014 Constitutional Petition 5 of 2014 )
Order
1. This matter was listed before us today for hearing of the substantive appeal. The appellant is present in court, so is his counsel Mr Okoyo Omondi. Mrs Busienei is also present for the Republic.
2. Upon considering the written submissions filed by the respective parties and hearing the oral submissions made by Mr Omondi and Mrs Busienei, we allow this appeal and set aside the order that was made by this Court in Criminal Appeal No 622 of 2010 for the appellant to be detained at the President's pleasure, and order that the appellant be released forthwith, unless otherwise lawfully held. We shall give the detailed reasons for our determination on this matter on the March 8, 2024.
MADE AT KAKAMEGA THIS 25TH DAY OF OCTOBER, 2023. HANNAH OKWENGU..............JUDGE OF APPEALH. A. OMONDI..............JUDGE OF APPEALJOEL NGUGI..............JUDGE OF APPEALI certify that this is a true copy of the original.DEPUTY REGISTRAR