https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12916
The application was dismissed because the applicant had already completed the sentence and been released from prison, rendering the request for review overtaken by events and incapable of practical determination.
Source-derived case information.
- Citation
- [2026] KEHC 12916 (KLR)
- Parties
- Applicant: DOMINIC NYAKUNDI MBAKA alias TOMMY; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision Application E184 of 2023
- Procedural Posture
- Criminal Revision Application / Ruling on Application for Review of Sentence
- Outcome
- Application dismissed.
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Sentence Review, Mootness, Murder, Revision Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DOMINIC NYAKUNDI MBAKA alias TOMMY
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the application for review of sentence could be entertained after the applicant had completed the sentence and been released from prison.
- 2 Whether the application had been overtaken by events.
Ratio Decidendi
The application was dismissed because the applicant had already completed the sentence and been released from prison, rendering the request for review overtaken by events and incapable of practical determination.
Court Disposition
Application dismissed.
Orders
- The criminal revision application is dismissed for being overtaken by events.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KISII** **CRIMINAL REVISION APPLICATION NO. E184 OF 2023** **DOMINIC NYAKUNDI MBAKA alias TOMMY….……APPLICANT** **=VERSUS=** **REPUBLIC………………………………………………..RESPONDENT** **RULING** 1. This Application has come up before this Court, for hearing. It seeks a review of the sentence that the Applicant was serving 10 years imprisonment bat KISII GK PRISON. 2. The sentence was for the offence of murder contrary to Section 202 as read with Section 204 of the Penal Code (Cap 63 Laws of Kenya). For which he was charged in this Court, in KISII HIGH COURT CRIMINAL CASE NO. 73 OF 2010. 3. The Applicant is absent. This Court has been informed that he completed the said sentence, and was released from the said prison on 18th August 2025. 4. With his completion of the subject sentence, and his consequent release from prison, this Application has been overtaken by events. It is therefore hereby dismissed. **DATED and DELIVERED at KISII on this 31st day of July 2026.** **PROF (DR) NIXON SIFUNA** **JUDGE**