[2024] KEHC 9443 (KLR)
The court found that the applicant had already served the sentence imposed for cultivating prohibited plants under Section 6(a) of the Narcotic Drugs and Psychotropic Substance Control Act. As a result, the application for revision was rendered moot and had been overtaken by events. The court therefore marked the...
Source-derived case information.
- Citation
- [2024] KEHC 9443 (KLR)
- Parties
- Applicant: Joram Awayo Apuoyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E180 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as overtaken by events; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Narcotic Drugs Offences, Sentencing Review, Cultivation of Prohibited Plants
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joram Awayo Apuoyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence for cultivating prohibited plants should be revised in light of the sentence already served.
Ratio Decidendi
The court found that the applicant had already served the sentence imposed for cultivating prohibited plants under Section 6(a) of the Narcotic Drugs and Psychotropic Substance Control Act. As a result, the application for revision was rendered moot and had been overtaken by events. The court therefore marked the file as closed, as there was no further relief that could be granted to the applicant.
Court Disposition
Application dismissed as overtaken by events; file marked as closed.
Orders
- The application for revision is dismissed as overtaken by events.
- The file is marked as closed.
Full Case Text
Judgment text and source record
21 paragraphs
Apuoyo v Republic (Criminal Revision E180 of 2024) [2024] KEHC 9443 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9443 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E180 of 2024
PN Gichohi, J
July 23, 2024
Between
Joram Awayo Apuoyo
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 (Joram Awayo Apuoyo) was charged in Molo MCCR E2180 of 2023 with the offence of Cultivating Prohibited plants contrary to Section 6(a) of the Narcotic Drugs and Psychotropic Substance Control Act No. 4 of 1994.
3. The particulars are that on the 29th Day of September, 2023 at Mawe farm village of Visoi Location in Rongai Sub-County within Nakuru County, was found having cultivated plants of cannabis (bhang) to wit 3 plants worth 500/= in contravention of the said Act.
4. He pleaded guilty and was sentenced to pay a fine of Ksh.20,000/= 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