[2023] KEHC 20996 (KLR)
The court found that the application for revision had been overtaken by events due to the short custodial sentence already served by the applicant. The court further noted that the applicant was a habitual offender, which justified the imposition of a custodial sentence. As such, there was no basis for further...
Source-derived case information.
- Citation
- [2023] KEHC 20996 (KLR)
- Parties
- Applicant: Sevencial Halima; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E698 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as overtaken by events; matter marked as closed.
- Judges
- SM Mohochi
- Legal Topics
- Sentencing, Plea of Guilty, Habitual Offender, Alcohol Control, Licensing Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sevencial Halima
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for criminal revision is maintainable given the sentence has already been served.
- 2 Whether the applicant's status as a habitual offender justified the custodial sentence imposed.
Ratio Decidendi
The court found that the application for revision had been overtaken by events due to the short custodial sentence already served by the applicant. The court further noted that the applicant was a habitual offender, which justified the imposition of a custodial sentence. As such, there was no basis for further intervention or revision, and the matter was marked as closed.
Court Disposition
Application dismissed as overtaken by events; matter marked as closed.
Orders
- This matter may be marked as closed.
Full Case Text
Judgment text and source record
19 paragraphs
Halima v Republic (Revision Case E698 of 2022) [2023] KEHC 20996 (KLR) (31 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20996 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E698 of 2022
SM Mohochi, J
July 31, 2023
Between
Sevencial Halima
Applicant
and
Republic
Respondent
Ruling
1. This matter has been placed before Court for Criminal Revision under Section 362 and 364 of the Penal Code.
2. The Applicant was January 16, 2022 convicted and sentenced on her own plea of guilty to six (6) months imprisonment on Count 1 for being found in possession of alcoholic drinks that does not conform to prescribed standards and one (1) month imprisonment of selling alcoholic drinks without a liquor licence.
3. This application has been overtaken by events owing to the short sentence of imprisonment imposed and the liaise of time.
4. The Court notes that the Applicant is a habitual offender hence the imposition of imprisonment.This matter may be marked as closed.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 31ST JULY 2023. ..............................................MOHOCHI S.MJUDGEIn the presence ofCourt Assistant – ScholaState Counsel – Ms. Mburu