[2023] KEHC 19625 (KLR)
The court found that the applicants had already served their sentences and had been released from prison, as confirmed by the County Probation Director. There were no outstanding issues requiring further intervention or revision by the court. Accordingly, the court directed that the revision file be closed, as the...
Source-derived case information.
- Citation
- [2023] KEHC 19625 (KLR)
- Parties
- Applicant: Joel Mulyuli Butsentse; Applicant: James Elkidor Arap Tarus; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E038 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Revision file closed as applicants had completed their sentences; no further orders issued.
- Judges
- WA Okwany
- Legal Topics
- Theft Offences, Plea of Guilty, Sentencing, Immigration Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Mulyuli Butsentse
Applicant
James Elkidor Arap Tarus
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicants were lawfully convicted and sentenced for theft of a motorcycle and unlawful presence in Kenya.
- 2 Whether there are grounds for revision of the sentences imposed by the trial court.
Ratio Decidendi
The court found that the applicants had already served their sentences and had been released from prison, as confirmed by the County Probation Director. There were no outstanding issues requiring further intervention or revision by the court. Accordingly, the court directed that the revision file be closed, as the matter was spent and no further orders were necessary.
Court Disposition
Revision file closed as applicants had completed their sentences; no further orders issued.
Orders
- The revision file is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
Butsentse & another v Republic (Criminal Revision E038 of 2023) [2023] KEHC 19625 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19625 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E038 of 2023
WA Okwany, J
June 29, 2023
Between
Joel Mulyuli Butsentse
1st Applicant
James Elkidor Arap Tarus
2nd Applicant
and
Republic
Respondent
Ruling
1. The Applicants were convicted on their own plea of guilty for the offence of theft of a motorcycle contrary to section 278A of the Penal Code while the 1st Applicant was charged with a second count of being unlawfully present in Kenya contrary to section 53 (1) (j) as read with section 53 (2) of the Kenyan Citizenship and Immigration Act of 2011. The trial court sentenced each of them to pay a sum of Kshs 50,000/=as compensation to the Complainant or in default, to serve one-year imprisonment. The letter by Kennedy Okemwa the County Probation Director dated June 15, 2023 indicates that the Applicants were released from Kisii GK Prison on June 4, 2023 upon completion of their prison sentences. It is hereby directed that this Revision file be closed.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE