Case ID:168516

Mohamed Issa Mbela v Director of Public Prosecutions [2020] eKLR

Case Metadata

Case Number:

Constitutional Petition 41 of 2018

Parties:

Mohamed Issa Mbela v Director of Public Prosecutions

Date Delivered:

15 Dec 2020

Case Class:

Criminal

Court:

High Court at Mombasa

Case Action:

Judgment

Judge(s):

Eric Kennedy Okumu Ogola

Citation:

Mohamed Issa Mbela v Director of Public Prosecutions [2020] eKLR

Advocates:

Mr. Fedha for State

Court Division:

Criminal

County:

Mombasa

Advocates:

Mr. Fedha for State

History Advocates:

One party or some parties represented

Case Outcome:

Accused acquitted

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CONSTITUTIONAL PETITION NO. 41 OF 2018

MOHAMED ISSA MBELA........................................................................PETITIONER

VERSUS

DIRECTOR OF PUBLIC PROSECUTIONS..........................................RESPONDENT

JUDGMENT ON RESENTENCING

1. I have seen the

Release Order

in

Petition No.49 of 2018 Malindi

where the Petitioner’s co-accused

Ali Said Abdalla

was released by Malindi Court on

26

th

February 2020

.

2. On that basis, and for parity of justice, the Petitioner herein is now jailed to a term equivalent with that already served with the consequence that the Petitioner is hereby released from prison forthwith unless validly held.

That is the Judgment of the Court.

Dated, Signed and Delivered at Mombasa this 15

th

day of December, 2020.

E. K. OGOLA

JUDGE

Judgment delivered in chambers via MS Teams in the presence of:

Mr. Fedha for State

Petitioner in person

Ms. Peris Court Assistant

Note:

In view of the declaration of measures restricting court operations due to the

COVID-19

pandemic and in light of the directions issued by His Lordship the Chief Justice on

15

th

March 2020,

this Judgment has been delivered to the parties online with their consent. They have waived compliance with

Order 21 Rule 1

of the Civil Procedure Rules which requires that all Judgments and Rulings be pronounced in open Court.