[2023] KEHC 19980 (KLR)
The court found that since the applicant, Davis Abuga, had already been released from prison after completing his sentence, the application for rescission of sentence was rendered moot. There was no longer any live issue for the court to determine, and therefore, the matter was marked as closed.
Source-derived case information.
- Citation
- [2023] KEHC 19980 (KLR)
- Parties
- Applicant: Davis Abuga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E062 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- matter marked as closed
- Judges
- WA Okwany
- Legal Topics
- Prison Decongestion, Sentence Completion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Davis Abuga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for rescission of sentence is sustainable after the applicant has completed his prison sentence.
Ratio Decidendi
The court found that since the applicant, Davis Abuga, had already been released from prison after completing his sentence, the application for rescission of sentence was rendered moot. There was no longer any live issue for the court to determine, and therefore, the matter was marked as closed.
Court Disposition
matter marked as closed
Orders
- The matter is marked as closed.
Full Case Text
Judgment text and source record
18 paragraphs
Abuga v Republic (Criminal Revision E062 of 2023) [2023] KEHC 19980 (KLR) (13 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19980 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E062 of 2023
WA Okwany, J
July 13, 2023
Between
Davis Abuga
Applicant
and
Republic
Respondent
Ruling
1. This matter was listed before me for rescission of sentence under the Decongestion of Prisons program.
2. I however note that through a letter dated 5th July 2023 the Probation Officer, Mr. Kennedy Okemwa, indicates that the inmate herein, Davis Abuga was released from Prison on 12th June 2023 after completing his prison sentence.
3. Consequently, I mark this matter as closed.
RULING DATED, SIGNED AND DELIVERED AT NYAMIRA VIA MICROSOFT TEAMS THIS 13TH DAY OF JULY 2023. W. A. OKWANYJUDGE