https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12963
The application for review of sentence was dismissed because the applicant had already completed the 18-month sentence and been released from prison, so the matter had been overtaken by events.
Source-derived case information.
- Citation
- [2026] KEHC 12963 (KLR)
- Parties
- Applicant: Bonface Omare Aberi; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E091 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- Dismissed
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Review of Sentence, Mootness, Post Conviction Relief, Completion of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bonface Omare Aberi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the court could review an 18-month sentence after the applicant had completed the sentence and been released
- 2 Whether the revision application had been overtaken by events
Ratio Decidendi
The application for review of sentence was dismissed because the applicant had already completed the 18-month sentence and been released from prison, so the matter had been overtaken by events.
Court Disposition
Dismissed
Orders
- Application dismissed as overtaken by events.
Full Case Text
Judgment text and source record
1 paragraphs
Aberi v Republic (Criminal Revision E091 of 2025) [2026] KEHC 12963 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KEHC 12963 (KLR) Republic of Kenya In the High Court at Kisii Criminal Revision E091 of 2025 Sifuna Nixon, J July 31, 2026 Between Bonface Omare Aberi Applicant and Republic Respondent Ruling 1.This Application dated 13th November 2025 has come up before this Court for hearing. It seeks a review of the 18 months sentence that the Applicant was serving at Kisii Gk Prison. The Application was made at the time when the Applicant had started serving the said sentence. 2.The sentence followed his conviction for the offence of Cutting Down Cultivated Crops contrary to Section 364 (1) of the Penal Code (Cap 63 Laws of Kenya). That was in Ogembo CM’S Court Criminal Case No. E1528 OF 2025. 3.The Applicant is absent today. This Court has been informed by KISII GK PRISON authorities, that the Applicant completed the said sentence, and was released from the said prison on 15th May 2026. 4.With his completion of the subject sentence, and the consequent release from prison, this Application has been overtaken by events. It is therefore hereby dismissed. DATED AND DELIVERED AT KISII ON THIS 31ST DAY OF JULY 2026.PROF (DR) NIXON SIFUNAJUDGE