[2020] KEHC 7064 (KLR)
The court found that since the applicant, Alex Odhiambo Opindi, had already paid the fine imposed by the trial court and had been released from prison, the request for revision of sentence was rendered moot. The court held that there was no longer a live issue for determination, as the sentence had been fully...
Source-derived case information.
- Citation
- [2020] KEHC 7064 (KLR)
- Parties
- Applicant: Alex Odhiambo Opindi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 42 of 2020
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; file closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Criminal Fines, Release From Prison
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Odhiambo Opindi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for revision of sentence is maintainable after the applicant has paid the fine and been released from prison.
Ratio Decidendi
The court found that since the applicant, Alex Odhiambo Opindi, had already paid the fine imposed by the trial court and had been released from prison, the request for revision of sentence was rendered moot. The court held that there was no longer a live issue for determination, as the sentence had been fully executed and the applicant was no longer in custody. Consequently, the application for revision was overtaken by events and the file was ordered closed.
Court Disposition
Application dismissed as moot; file closed.
Orders
- The request for sentence revision is overtaken by events.
- The file is hereby closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 42 OF 2020
(CORAM: R. E. ABURILI - J.)
ALEX ODHIAMBO OPINDI.......APPLICANT
VERSUS
REPUBLIC................................RESPONDENT
(Being an Application for revision of sentence vide Criminal Case No. 78 of 2020 in the Principal Magistrate’s Court, Bondo dated 10. 2.2020 before Hon. J.P. Nandi, PM)
RULING
1. The trial court record submitted to this court shows that the convict ALEX ODHIAMBO OPINDI paid a fine on 9/3/2020 and was released from prison. Accordingly, the request for sentence revision is overtaken by events.
2. The file is hereby closed.
3. Orders accordingly.
Dated, signed and Delivered at Siaya, this 24th Day of March, 2020
R.E. ABURILI
JUDGE