[2024] KEHC 8917 (KLR)
The court found that the applicant had already served the sentence imposed for the offence of making charcoal in a national forest without authority. As a result, the application for revision was rendered moot and there was no longer any live issue for the court to determine. The file was accordingly marked as...
Source-derived case information.
- Citation
- [2024] KEHC 8917 (KLR)
- Parties
- Applicant: Johana Mbaya Akura; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E176 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Forest Offences, Sentencing Review, Illegal Charcoal Production
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johana Mbaya Akura
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence for making charcoal in a national forest without authority should be revised.
- 2 Whether the application for revision is moot given the applicant has served the sentence.
Ratio Decidendi
The court found that the applicant had already served the sentence imposed for the offence of making charcoal in a national forest without authority. As a result, the application for revision was rendered moot and there was no longer any live issue for the court to determine. The file was accordingly marked as closed, as the purpose of the revision—potentially to decongest the prison or review the sentence—was overtaken by the applicant's completion of the sentence.
Court Disposition
Application dismissed as moot; file marked as closed.
Orders
- The application for revision is dismissed as it has been overtaken by events.
- The file is marked as closed.
Full Case Text
Judgment text and source record
21 paragraphs
Akura v Republic (Criminal Revision E176 of 2024) [2024] KEHC 8917 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8917 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E176 of 2024
PN Gichohi, J
July 23, 2024
Between
Johana Mbaya Akura
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.
2. The Applicant (Johana Mbaya Akura) was charged in Molo MCCR E2522 of 2023 with the offence of Making charcoal in a National Forest, without authority, contrary to Section 67[1][e] of Forest Conservation and Management Act No.34 of 2016.
3. The particulars are that on the 19th Day of October, 2023 at around 1500 hours Kobaitek Forest, within Nakuru County, while having a jembe and a panga, unlawfully cut two (2) indigenous trees and was in the process of making charcoal out of it, all valued at ksh.4,221/= the property of Kenya Forest Service without a licence or permit from Kenya Forest Service.
4. He pleaded guilty and was sentenced to pay a fine of Ksh.50,000/= in default six (6) months imprisonment.
5. The Sentence Review Report by the Probation officer has now confirmed that the Applicant has since served the sentence.
6. In the circumstances the application has been overtaken by events and file marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 23TH DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentProbation officerRuto - Court Assistant