[2023] KEHC 20319 (KLR)
The court found that the application for rescission of sentence had been overtaken by events since the applicant, John Orengo Mungei, had already completed his prison sentence and been released. As there was no longer a live issue for determination, the court marked the matter as closed, applying the principle that...
Source-derived case information.
- Citation
- [2023] KEHC 20319 (KLR)
- Parties
- Applicant: Brian Ondieki Anuli; Applicant: John Orengo Mungei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E064 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Rescission of Sentence
- Outcome
- Application marked as closed due to mootness; no further orders issued.
- Judges
- WA Okwany
- Legal Topics
- Sentence Rescission, Prison Decongestion, Completion of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brian Ondieki Anuli
Applicant
John Orengo Mungei
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Rescission of Sentence
Legal Issues
- 1 Whether the application for rescission of sentence is sustainable where the inmate has already completed the sentence and been released from prison.
Ratio Decidendi
The court found that the application for rescission of sentence had been overtaken by events since the applicant, John Orengo Mungei, had already completed his prison sentence and been released. As there was no longer a live issue for determination, the court marked the matter as closed, applying the principle that courts do not issue orders in moot or academic matters.
Court Disposition
Application marked as closed due to mootness; no further orders issued.
Orders
- The matter is marked as closed.
Full Case Text
Judgment text and source record
20 paragraphs
Anuli & another v Republic (Criminal Revision E064 of 2023) [2023] KEHC 20319 (KLR) (13 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20319 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E064 of 2023
WA Okwany, J
July 13, 2023
Between
Brian Ondieki Anuli
1st Applicant
John Orengo Mungei
2nd Applicant
and
Republic
Respondent
Ruling
1. This matter was listed before me for rescission of sentence under the Decongestion of Prisons program.
2. I however note that through a letter dated July 5, 2023 the Probation Officer, Mr. Kennedy Okemwa, indicates that the inmate herein, John Orengo Mungei was released from Prison on June 16, 2023 after completing his prison sentence.
3. Consequently, I mark this matter as closed.
RULING DATED, SIGNED AND DELIVERED AT NYAMIRA VIA MICROSOFT TEAMS THIS 13TH DAY OF JULY 2023. W. A. OKWANYJUDGE