[2018] KEHC 2234 (KLR)
The court held that since the applicant had already served the sentence imposed for the offence of stealing, the application for review was brought too late and was therefore incompetent. The sentence was found to be lawful, and the Sentence Review Report confirmed that the sentence had been fully served through...
Source-derived case information.
- Citation
- [2018] KEHC 2234 (KLR)
- Parties
- Applicant: Brian Owino Danga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 73 of 2018
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- application dismissed as moot; file closed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Remission of Sentence, Conviction on Guilty Plea
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Brian Owino Danga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the application for review of sentence is competent after the sentence has already been served.
- 2 Whether the sentence imposed was lawful.
Ratio Decidendi
The court held that since the applicant had already served the sentence imposed for the offence of stealing, the application for review was brought too late and was therefore incompetent. The sentence was found to be lawful, and the Sentence Review Report confirmed that the sentence had been fully served through remission. As there was no longer any sentence to review, the court ordered the file closed for archiving.
Court Disposition
application dismissed as moot; file closed
Orders
- The file is marked as closed for archiving purposes.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. CR. REV. NO. 73 OF 2018
(CORAM: R. E. ABURILI - J.)
BRIAN OWINO DANGA.......................APPLICANT
VERSUS
REPUBLIC...........................................RESPONDENT
(Being an appeal against the sentence dated 11. 8.2017 in Criminal Case No. 381 of 2017 in Bondo Law Court before Hon. M. Obiero - PM)
JUDGMENT
The Convict Brian Owino Dangawas vide Bondo PM’s Criminal Case No. 381 of 2017 convicted for the offence of stealing contrary to Section 275 of the Penal Code. This was after a plea of guilty upon which he was sentenced to serve 12 months imprisonment from 11/8/2017.
Through remission, he served sentence until 11/4/2018 instead of 10/8/2018. Accordingly, I find the request herein for review of sentence to have been brought after the fact and therefore too late in the day. The sentence which was lawful has been served and the Sentence Review Report by the Probation Officer dated 27/4/2018 reveals just that.
Accordingly, I order that this file be marked as closed for archiving purposes.
Dated, Signed and Delivered at SIAYA this 31ST day of August 2018.
R.E. ABURILI
JUDGE