[2023] KEHC 19981 (KLR)
The court found that since the applicant, Benard Bosire, had already completed his prison sentence and been released, there was no longer any live issue for determination regarding the rescission of sentence. The application was therefore rendered moot and the matter was marked as closed.
Source-derived case information.
- Citation
- [2023] KEHC 19981 (KLR)
- Parties
- Applicant: Benard Bosire; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E078 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Matter marked as closed due to applicant's release after completion of sentence.
- Judges
- WA Okwany
- Legal Topics
- Prison Decongestion, Sentence Completion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Bosire
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for rescission of sentence is sustainable when the applicant has already completed the sentence.
Ratio Decidendi
The court found that since the applicant, Benard Bosire, had already completed his prison sentence and been released, there was no longer any live issue for determination regarding the rescission of sentence. The application was therefore rendered moot and the matter was marked as closed.
Court Disposition
Matter marked as closed due to applicant's release after completion of sentence.
Orders
- The matter is marked as closed.
Full Case Text
Judgment text and source record
18 paragraphs
Bosire v Republic (Criminal Revision E078 of 2023) [2023] KEHC 19981 (KLR) (13 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19981 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E078 of 2023
WA Okwany, J
July 13, 2023
Between
Benard Bosire
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 12, 2023 the Probation Officer, Mr Kennedy Okemwa, indicates that the inmate herein, Benard Bosire was released from Prison 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