[2023] KEHC 24406 (KLR)
The application for sentence revision was rendered moot because the applicant had already been released from prison to serve probation for one year pursuant to a previous High Court revision order. As the relief sought had already been granted in HCCR Revision No. E062 of 2023, there was no longer any live issue for...
Source-derived case information.
- Citation
- [2023] KEHC 24406 (KLR)
- Parties
- Applicant: Jane Adhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E118 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as overtaken by events; file closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Adhiambo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for sentence revision is still tenable after the applicant was released on probation in a previous revision.
Ratio Decidendi
The application for sentence revision was rendered moot because the applicant had already been released from prison to serve probation for one year pursuant to a previous High Court revision order. As the relief sought had already been granted in HCCR Revision No. E062 of 2023, there was no longer any live issue for determination. The court therefore found no basis to proceed with the current application and ordered the file closed.
Court Disposition
Application dismissed as overtaken by events; file closed.
Orders
- The application for sentence revision is overtaken by events and is hereby dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Adhiambo v Republic (Criminal Revision E118 of 2023) [2023] KEHC 24406 (KLR) (27 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24406 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E118 of 2023
RE Aburili, J
October 27, 2023
Between
Jane Adhiambo
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Chief Magistrate’s Court Criminal Case No. E274 of 2020 at Kisumu)
Ruling
1. The Applicant herein Jane Adhiambo also filed HCCR Revision No. E062 of 2023 which was heard and determined and she was ordered to be released from prison to serve probation for one (1) year from 6th October 2023.
2. This application for sentence revision file is therefore overtaken by events.
3. The file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE