[2023] KEHC 3286 (KLR)
The court found that the applicant, Silvanus Okembia Hongo, had already served the full sentence imposed by the trial court for the offence of stealing. As a result, the application for revision was overtaken by events and there was no practical relief that the court could grant. The court therefore closed the file...
Source-derived case information.
- Citation
- [2023] KEHC 3286 (KLR)
- Parties
- Applicant: Silvanus Okembia Hongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E075 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision dismissed as moot; file closed.
- Judges
- RE Aburili
- Legal Topics
- Stealing Offence, Sentencing, Criminal Revision, Penal Code Section 268
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silvanus Okembia Hongo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the criminal revision application is merited given that the applicant has already served the sentence imposed for the offence of stealing.
Ratio Decidendi
The court found that the applicant, Silvanus Okembia Hongo, had already served the full sentence imposed by the trial court for the offence of stealing. As a result, the application for revision was overtaken by events and there was no practical relief that the court could grant. The court therefore closed the file and made no further orders on the merits of the revision application.
Court Disposition
Application for revision dismissed as moot; file closed.
Orders
- The file is closed as the applicant has already served the sentence imposed.
- Order to be extracted.
Full Case Text
Judgment text and source record
20 paragraphs
Hongo v Republic (Criminal Revision E075 of 2022) [2023] KEHC 3286 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3286 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E075 of 2022
RE Aburili, J
April 13, 2023
Between
Silvanus Okembia Hongo
Applicant
and
Republic
Respondent
Ruling
1. The Convict is Silvanus Okembia Hongo. He was sentenced to serve one (1) year imprisonment vide Maseno Senior Principal Magistrate’s Court Criminal No E079 of 2022 on March 24, 2022 for the offence of stealing contrary to Section 268 of the Penal Code.
2. From the Sentence Review Report filed on June 22, 2022, due to inaction in this matter, the Convict has already served the sentence imposed as his last date in prison was November 23, 2022.
3. For the above reasons and as the Convict has already served sentence, the revision has been overtaken by events.
4. This file is therefore closed.
5. Order to be extracted. I so order.
Dated, Signed and Delivered at Kisumu this 13th Day of April, 2023R E ABURILIJUDGE