[2023] KEHC 20219 (KLR)
The court found that since the applicant, Wycliff Gekonge, had already completed his prison sentence and been released as confirmed by the Probation Officer, there was no longer any live issue for determination. The application for rescission of sentence was rendered moot, and the matter was marked as closed.
Source-derived case information.
- Citation
- [2023] KEHC 20219 (KLR)
- Parties
- Applicant: Wycliff Gekonge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E053 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application marked as closed due to mootness; no further orders issued.
- Judges
- WA Okwany
- Legal Topics
- Prison Decongestion, Sentence Completion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliff Gekonge
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for rescission of sentence is sustainable after the applicant has completed his prison sentence.
Ratio Decidendi
The court found that since the applicant, Wycliff Gekonge, had already completed his prison sentence and been released as confirmed by the Probation Officer, there was no longer any live issue for determination. The application for rescission of sentence was rendered moot, and the matter was marked as closed.
Court Disposition
Application marked as closed due to mootness; no further orders issued.
Orders
- The matter is marked as closed.
Full Case Text
Judgment text and source record
18 paragraphs
Gekonge v Republic (Criminal Revision E053 of 2023) [2023] KEHC 20219 (KLR) (13 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20219 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E053 of 2023
WA Okwany, J
July 13, 2023
Between
Wycliff Gekonge
Applicant
and
Republic
Respondent
Ruling
1. This matter was listed before me for rescission of sentence under the Decongestion of Prisons program.
2. I however note that through a letter dated July 5, 2023 the Probation Officer, Mr Kennedy Okemwa, indicates that the inmate herein, Wycliff Gekonge was released from Prison on June 4, 2023 after completing his prison sentence.
3. Consequently, I mark this matter as closed.
RULING DATED, SIGNED AND DELIVERED AT NYAMIRA VIA MICROSOFT TEAMS THIS 13TH DAY OF JULY 2023. W. A. OKWANYJUDGE