[2024] KEHC 8980 (KLR)
The court found that the applicant had already served the sentence imposed for obtaining money by false pretences. As a result, the application for revision was rendered moot and no further orders were necessary. The file was marked as closed, as the purpose of the revision—to consider early release or sentence...
Source-derived case information.
- Citation
- [2024] KEHC 8980 (KLR)
- Parties
- Applicant: Dancun Gathunya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E318 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as overtaken by events; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Obtaining by False Pretences, Sentencing Review, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dancun Gathunya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the current circumstances.
- 2 Whether the application for revision has been overtaken by events due to the applicant having served the sentence.
Ratio Decidendi
The court found that the applicant had already served the sentence imposed for obtaining money by false pretences. As a result, the application for revision was rendered moot and no further orders were necessary. The file was marked as closed, as the purpose of the revision—to consider early release or sentence alteration—was overtaken by the applicant's completion of the sentence.
Court Disposition
Application dismissed as overtaken by events; file marked as closed.
Orders
- The application for revision is dismissed as the applicant has already served the sentence.
- The file is marked as closed.
Full Case Text
Judgment text and source record
21 paragraphs
Gathunya v Republic (Criminal Revision E318 of 2024) [2024] KEHC 8980 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8980 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E318 of 2024
PN Gichohi, J
July 23, 2024
Between
Dancun Gathunya
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 (Dancun Gathunya) was charged in Molo MCCR E304 of 2024 with the offence of Obtaining money by false pretences, contrary to Section 313 of the Penal Code.
3. The particulars are that on the 3rd day of January 2024 at Mungetho trading centre in Kuresoi North Sub County within Nakuru County, obtained Ksh.15,000/= the property of Janet Wanjiku by falsely claiming he was in a position to buy her five bags of 90 kgs of dry maize within three days. The facts he knew to be false.
4. He pleaded guilty and was sentenced to pay fine of Ksh.30,000/= in default six (6) months imprisonment.
5. The Sentence Review Report by the Probation officer has now confirmed that the Applicant has since served the sentence.
6. In the circumstances the application has been overtaken by events and file marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 23TH DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentProbation officerRuto - Court Assistant