[2024] KEHC 9446 (KLR)
The court found that the applicant had already served the sentence imposed for assault causing actual bodily harm, as confirmed by the probation officer's report. Since the purpose of the revision was to consider decongestion of the prison and the applicant was no longer serving the sentence, the application was...
Source-derived case information.
- Citation
- [2024] KEHC 9446 (KLR)
- Parties
- Applicant: Micah Chepkwony; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E181 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as overtaken by events; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Assault, Actual Bodily Harm, Sentencing, Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Micah Chepkwony
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the sentence review report and the objective to decongest Nakuru GK prison.
Ratio Decidendi
The court found that the applicant had already served the sentence imposed for assault causing actual bodily harm, as confirmed by the probation officer's report. Since the purpose of the revision was to consider decongestion of the prison and the applicant was no longer serving the sentence, the application was overtaken by events. The court therefore marked the file as closed, as there was no longer any live issue for determination.
Court Disposition
Application dismissed as overtaken by events; file marked as closed.
Orders
- The application for revision is marked as closed.
Full Case Text
Judgment text and source record
21 paragraphs
Chepkwony v Republic (Criminal Revision E181 of 2024) [2024] KEHC 9446 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9446 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E181 of 2024
PN Gichohi, J
July 23, 2024
Between
Micah Chepkwony
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.
2. The Applicant (Micah Chepkwony) was charged in Molo MCCR E122 of 2024 with the offence of Assault causing actual bodily harm contrary to Section 251 of the Penal Code.
3. The particulars are that on the 10th Day of January, 2024 at 1600 hrs Murkiyen Sub-Location in Kuresoi North Sub-County within Nakuru County assault Titus Kiprono Cheruiyot, thereby occasioning the actual bodily harm.
4. He pleaded guilty and was sentenced to pay a fine of Ksh.30,000/= in default four (4) months imprisonment.
5. The Sentence Review Report by the Probation officer has now confirmed that the Applicant has since served the sentence.
6. In the circumstances the application has been overtaken by events and file marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 23THDAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentProbation officerRuto - Court Assistant