https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12964
The application was dismissed because the applicant had completed the 12-month sentence and had already been released from prison, rendering the request for review moot and overtaken by events.
Source-derived case information.
- Citation
- [2026] KEHC 12964 (KLR)
- Parties
- Applicant: FRED MABEYA MOSE; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E059 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- Application dismissed as overtaken by events.
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Stealing, Review of Sentence, Application Overtaken by Events, Completion of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FRED MABEYA MOSE
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the application for review of sentence was still live after the applicant completed the sentence and was released from prison.
- 2 Whether the court should grant relief in respect of a sentence already served in full.
Ratio Decidendi
The application was dismissed because the applicant had completed the 12-month sentence and had already been released from prison, rendering the request for review moot and overtaken by events.
Court Disposition
Application dismissed as overtaken by events.
Orders
- The application dated 11th July 2025 is dismissed.
- No further relief is granted.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KISII** **CRIMINAL REVISION NO. E059 OF 2025** **FRED MABEYA MOSE…………….….…………………APPLICANT** **=VERSUS=** **REPUBLIC………………………………………………..RESPONDENT** **RULING** 1. This Application dated 11th July 2025 has come up before this Court, for hearing. It seeks a review of the 12 months sentence that the Applicant was serving at KISII GK PRISON. 2. The sentence was for the offence of Stealing contrary to Section 268 as read with Section 275 of the Penal Code (Cap 63 Laws of Kenya). For which he was charged in OGEMBO CM’S COURT CRIMINAL CASE NO. E517 OF 2025. 3. The Applicant is absent. This Court has been informed that he completed the said sentence, and was released from the said prison on 22nd December 2025. 4. With the 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**