[2025] KEHC 562 (KLR)
The court found that the applicant had already fully served the sentence imposed for the offence of resisting arrest, as confirmed by the Probation Officer's Sentence Review Report. Since the applicant had completed his sentence, the application for revision was rendered moot and no further orders were necessary....
Source-derived case information.
- Citation
- [2025] KEHC 562 (KLR)
- Parties
- Applicant: Alfred Alube; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E305 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review and Closure
- Outcome
- Application dismissed as overtaken by events; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Resisting Arrest, Assault on Police, Possession of Narcotic Drugs, Conveying Suspected Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Alube
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review and Closure
Legal Issues
- 1 Whether the applicant has served the sentence imposed for resisting arrest.
- 2 Whether the application for revision is moot due to the applicant having completed the sentence.
Ratio Decidendi
The court found that the applicant had already fully served the sentence imposed for the offence of resisting arrest, as confirmed by the Probation Officer's Sentence Review Report. Since the applicant had completed his sentence, the application for revision was rendered moot and no further orders were necessary. The court therefore marked the file as closed, as the matter had been overtaken by events.
Court Disposition
Application dismissed as overtaken by events; file marked as closed.
Orders
- The application for revision is marked as overtaken by events.
- The file is marked as closed.
Full Case Text
Judgment text and source record
29 paragraphs
Alube v Republic (Criminal Revision E305 of 2024) [2025] KEHC 562 (KLR) (30 January 2025) (Ruling)
Neutral citation: [2025] KEHC 562 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E305 of 2024
PN Gichohi, J
January 30, 2025
Between
Alfred Alube
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 (Alfred Alube) was charged in Molo MCCR E305 of 2024 with the offence of;
Count I 3. Resisting arrest from police officers in due execution of police officers duties contrary to Section 103 (a) of the National Police Service Act No. 11(A) of 2011.
4. The particulars are that on the 7th day of February 2023 at Londiani township in Londiani Sub County within Kericho County wilfully and unlawfully resisted arrest from No. 86895 corporal Esbone Omari and No. 254484 PC Geoffrey Sibwoga while in due execution of police duties.
Count II 5. Assaulting police officers in due execution of police officers duties contrary to Section 103 (a) of the National Police Service Act No. 11(A) of 2011.
6. The particulars are that on the 7th day of February 2023 at Londiani township in Londiani Sub County within Kericho County while armed with a metal bar wilfully and unlawfully assaulted No. 86895 corporal Esbone Omari while in due execution of his duties.
Count III 7. Being in possession of Narcotic Drugs contrary to Section 3(1)(b) of the Narcotic Drug and Psychotropic Substances Control Act No. 4 of 1994.
8. The particulars are that on the 7th day of February 2023 at Londiani township in Londiani Sub County within Kericho County was found being in possession of cannabis sativa (bhang) to wit 1,000 grams of a street value of Ksh.5,000/= in contravention of the said Act.
Count IV 9. Conveying suspected stolen property contrary to Section 323 of the Penal Code.
10. The particulars are that on the 7th day of February 2023 at Londiani township in Londiani Sub County within Kericho County having been detained by corporal Esbone Omari and No. 254484 PC Geoffrey Sibwoga as a result of the exercise of the powers conferred by Section 26 of the Criminal Procedure Code had in his possession a furrow valued reasonably suspected to have been stolen.
11. He pleaded guilty to count I and was sentenced to pay a fine of Ksh.10,000/= in default Two (2) years imprisonment.
12. He pleaded not guilty to Count II, III, IV & V and matter set down for hearing. The prosecution failed to avail witnesses. The case was dismissed under Section 210 of Criminal Procedure Code.
13. The Sentence Review Report by the Probation officer, Molo dated 16th December, 2024 has now confirmed the Applicant has fully served his sentence in regard to Count I.
14. In the circumstances the application has been overtaken by events and file marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 30TH DAY OF JANUARY, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Ms Emma Okok for RespondentRuto - Court Assistant