[2023] KEHC 3253 (KLR)
The court found that the application for sentence review had been overtaken by events because the applicant had already served and completed the prison sentence imposed by the lower court. As a result, there was no longer any live issue for the court to determine, and the file was marked as closed for archiving. The...
Source-derived case information.
- Citation
- [2023] KEHC 3253 (KLR)
- Parties
- Applicant: Robert Apondo Arango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E099 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence review marked as closed; no further orders issued.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Breach of Peace, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Apondo Arango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the sentence imposed on the applicant for creating a disturbance was subject to revision.
- 2 Whether the application for sentence review was rendered moot by the applicant having served the full sentence.
Ratio Decidendi
The court found that the application for sentence review had been overtaken by events because the applicant had already served and completed the prison sentence imposed by the lower court. As a result, there was no longer any live issue for the court to determine, and the file was marked as closed for archiving. The lower court file was ordered to be returned, and no further orders were made.
Court Disposition
Application for sentence review marked as closed; no further orders issued.
Orders
- This file is hereby marked as closed for archiving.
- Lower court file to be returned.
Full Case Text
Judgment text and source record
20 paragraphs
Arango v Republic (Criminal Revision E099 of 2021) [2023] KEHC 3253 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3253 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E099 of 2021
RE Aburili, J
April 13, 2023
Between
Robert Apondo Arango
Applicant
and
Republic
Respondent
Ruling
1. This revision file was opened on December 14, 2021 for purposes of Sentence Review in Nyando Senior Principal Magistrate’s Court Criminal Case No E758 of 2021 Republic vs Robert Apondo Arango, wherein the accused was convicted and sentenced to serve five (5) months imprisonment for the offence of creating a disturbance in a manner likely to cause a breach of peace contrary to Section 95 (1) (b) of thePenal Code, on his own plea of guilty on 2nd August 2021.
2. However, the file was never acted upon.
3. The sentence revision has now been overtaken by events as the Applicant has already served and completed the prison sentence imposed.
4. Accordingly, this file is hereby marked as closed for archiving.
5. Lower court file to be returned. Order to issue.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13THDAY OF APRIL, 2023R E ABURILIJUDGE