[2025] KEHC 605 (KLR)
The court found that since the applicant had already fully served the sentence imposed for assault causing actual bodily harm, the application for revision had been overtaken by events. There was no longer any live issue for the court to determine, and as such, the file was marked as closed. The court emphasized...
Source-derived case information.
- Citation
- [2025] KEHC 605 (KLR)
- Parties
- Applicant: Nicholas Cheruiyot; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E300 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, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Cheruiyot
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for revision is maintainable where the applicant has already served the sentence.
- 2 Whether there is any relief the court can grant after the sentence has been fully served.
Ratio Decidendi
The court found that since the applicant had already fully served the sentence imposed for assault causing actual bodily harm, the application for revision had been overtaken by events. There was no longer any live issue for the court to determine, and as such, the file was marked as closed. The court emphasized that it cannot grant relief where the sentence has already been served and the matter is moot.
Court Disposition
Application dismissed as overtaken by events; file marked as closed.
Orders
- The application for revision is dismissed as overtaken by events.
- The file is marked as closed.
Full Case Text
Judgment text and source record
21 paragraphs
Cheruiyot v Republic (Criminal Revision E300 of 2024) [2025] KEHC 605 (KLR) (30 January 2025) (Ruling)
Neutral citation: [2025] KEHC 605 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E300 of 2024
PN Gichohi, J
January 30, 2025
Between
Nicholas Cheruiyot
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 (Nicholas Cheruiyot) was charged in Molo MCCR E839 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 26th day of March, 2024 at Boito village of Lengenet Location in Rongai Sub-County within Nakuru County, wilfully and unlawfully assaulted Jane Cheriro thereby occasioning her actual bodily harm.
4. He pleaded guilty and was sentenced to pay a fine of Ksh.50,000/= in default nine (9) months imprisonment.
5. The Sentence Review Report by the Probation officer, Molo dated 16th December, 2024 has now confirmed that the Applicant has fully served his sentence.
6. In the circumstances the application has been overtaken by events and file marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 30THDAY OF JANUARY, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Ms Emma Okok for RespondentRuto - Court Assistant