[2023] KEHC 3749 (KLR)
The court found that since the applicant had already served the full sentence imposed by the trial court, there was no sentence left for the High Court to revise under its revisionary jurisdiction. As a result, the application for revision was rendered moot and could not be entertained. The only just and proper...
Source-derived case information.
- Citation
- [2023] KEHC 3749 (KLR)
- Parties
- Applicant: Eric Cheruiyot; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E602 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application marked as overtaken by events; file closed.
- Judges
- HM Nyaga
- Legal Topics
- Possession of Alcoholic Drink, Sentencing, Criminal Revision, Alcoholic Drinks Control Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eric Cheruiyot
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the court can revise a sentence that has already been fully served.
- 2 Whether any substantive order can be made when the application is overtaken by events.
Ratio Decidendi
The court found that since the applicant had already served the full sentence imposed by the trial court, there was no sentence left for the High Court to revise under its revisionary jurisdiction. As a result, the application for revision was rendered moot and could not be entertained. The only just and proper order was to mark the application as overtaken by events and close the file.
Court Disposition
Application marked as overtaken by events; file closed.
Orders
- The application is marked as overtaken by events.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Cheruiyot v Republic (Criminal Revision E602 of 2022) [2023] KEHC 3749 (KLR) (27 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3749 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E602 of 2022
HM Nyaga, J
April 27, 2023
Between
Eric Cheruiyot
Applicant
and
Republic
Respondent
Ruling
1. The applicant Eric Cheruiyot was charged and convicted for the offence of being in possession of alcoholic drink contrary to section 27(1) as read with section 27(4) of the Alcoholic Drinks Control Act.
2. He was sentenced to serve 6 months’ imprisonment on October 27, 2022.
3. He therefore finished serving his sentence on or about March 27, 2023. Having finished serving the sentence imposed by the trial court, there is no sentence which is left for this court to revise.
4. Consequently, the only just order which this court can make which I hereby do, is to order that the application be marked as overtaken by events. Orders accordingly.
5. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 27TH April, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant – N/A