[2019] KEHC 3872 (KLR)

[2019] KEHC 3872 (KLR)

The court found that the consecutive sentences of 2 months and 3 months imposed on the applicant had already lapsed by the time of hearing the application for revision. As a result, the application was rendered moot and could not be entertained. The court therefore closed the file, holding that there was no live...

Source-derived case information.

Citation
[2019] KEHC 3872 (KLR)
Parties
Applicant: Benta Auma Alwar; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Criminal Revision 18 of 2019
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Outcome
Application dismissed as overtaken by events; file closed.
Judges
RE Aburili
Legal Topics
Sentence Revision, Lapsed Sentence, Criminal Procedure, Application Overtaken by Events
Source Language
en
Criminal Law Sentence Revision Lapsed Sentence Criminal Procedure Application Overtaken by Events

Source-derived case record

Summary, issues, holding and outcome

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Parties

Benta Auma Alwar

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Revision of Sentence

Legal Issues

  1. 1 Whether the application for revision of sentence is maintainable where the sentence has already lapsed.

Ratio Decidendi

The court found that the consecutive sentences of 2 months and 3 months imposed on the applicant had already lapsed by the time of hearing the application for revision. As a result, the application was rendered moot and could not be entertained. The court therefore closed the file, holding that there was no live issue to be determined.

Court Disposition

Application dismissed as overtaken by events; file closed.

Orders

  • The application for revision of sentence is dismissed as the sentences have lapsed.
  • The file is closed.