[2018] KEHC 4684 (KLR)
The court found that since the applicant had already served the full sentence imposed for the offence of stealing, there was no sentence left to be revised. The application for revision was therefore overtaken by events and rendered moot. The court declined and dismissed the request for revision, emphasizing that...
Source-derived case information.
- Citation
- [2018] KEHC 4684 (KLR)
- Parties
- Applicant: Alfred Ongata Anyenje; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 43 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed as moot; file closed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Prison Decongestion Policy, Completion of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Ongata Anyenje
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the court can revise a sentence that has already been fully served by the convict.
- 2 Whether the application for revision is rendered moot by the completion of the sentence.
Ratio Decidendi
The court found that since the applicant had already served the full sentence imposed for the offence of stealing, there was no sentence left to be revised. The application for revision was therefore overtaken by events and rendered moot. The court declined and dismissed the request for revision, emphasizing that judicial intervention is not warranted where the subject matter of the application no longer exists. The file was accordingly closed.
Court Disposition
application dismissed as moot; file closed
Orders
- The request for revision of sentence is declined and dismissed.
- The file is hereby closed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. CR. REV. NO. 43 OF 2018
(CORAM: R. E. ABURILI - J.)
ALFRED ONGATA ANYENJE................APPLICANT
VERSUS
REPUBLIC..............................................RESPONDENT
(Being an appeal against both the conviction and the sentence dated 23. 10. 2017 in Criminal Case No. 534 of 2017 in Siaya Law Court before Hon. J. Ongondo – PM)
RULING OF THE COURT
The Convict, Alfred Ongata Anyenje was convicted of the offence of stealing contrary to Section 275 of the Penal Codeon 23/10/2017 vide Siaya PM Cr. Case No. 534 of 2017. He was sentenced to serve 1 year imprisonment.
From the Probation Officer’s Report signed and dated 10/4/2018, the Convict has already served his sentence in full by 23/6/2018. It follows that the request for revision of sentence is now overtaken by events. There is nothing left to be revised.
Accordingly, the request which was made as part of Prison Decongestion Policy is hereby declined and dismissed.
The file is hereby closed.
Dated, Signed and Delivered at SIAYA this 31ST day of July 2018.
R.E. ABURILI
JUDGE
In the presence of:
Mr. Okach: Prosecution Counsel for the State
Alfred Ongata: Appellant in person (present)
Court Assistant: Akida and Brenda