[2018] KEHC 1894 (KLR)
The court found that the applicant had already served and completed his sentence through remission, and the period for which he was to be incarcerated had already lapsed. As such, any request for revision or relief was rendered moot and could not be entertained by the court. The matter was therefore overtaken by...
Source-derived case information.
- Citation
- [2018] KEHC 1894 (KLR)
- Parties
- Applicant: Derrick Oduor Ouma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 72 of 2018
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- Request for revision overtaken by events; file closed.
- Judges
- RE Aburili
- Legal Topics
- Stealing Offence, Sentencing, Prison Remission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Derrick Oduor Ouma
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the applicant's sentence or conviction could be revised under the prison decongestion programme.
- 2 Whether the matter was moot due to the applicant having completed his sentence.
Ratio Decidendi
The court found that the applicant had already served and completed his sentence through remission, and the period for which he was to be incarcerated had already lapsed. As such, any request for revision or relief was rendered moot and could not be entertained by the court. The matter was therefore overtaken by events, and there was no longer any live issue for the court to determine.
Court Disposition
Request for revision overtaken by events; file closed.
Orders
- The file is hereby closed for archiving purposes.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. CR. REV. NO. 72 OF 2018
(CORAM: R. E. ABURILI - J.)
DERRICK ODUOR OUMA......................................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 Derrick Oduor Oumawas convicted by PM’s Court at Bondo on 28/7/2017 for 12 months for the offence of stealing contrary toSection 275 of the Penal Code. He never appealed to the High Court.
This matter was brought up for prison decongestion programme in March 2018.
Regrettably, the convict served his sentence and completed through remission. He ought to have served until 10/8/2018 which long past but he served until 11/4/2018.
Accordingly, I find the request overtaken by events.
The file is hereby closed for archiving purposes.
Dated, Signed and Delivered at SIAYA this 31ST day of August 2018.
R.E. ABURILI
JUDGE