[2021] KEHC 5599 (KLR)
The court found that since the applicant had already served the sentence imposed by the trial court and his due date for release had passed, the application for revision was overtaken by events. There was no longer any live issue for the court to determine, and as such, the application was marked as spent and the...
Source-derived case information.
- Citation
- [2021] KEHC 5599 (KLR)
- Parties
- Applicant: Isaiah Okoth Obiero; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E047 of 2021
- Procedural Posture
- Criminal Revision / Application for Revision of Sentence
- Outcome
- Application marked as spent and file closed.
- Judges
- RE Aburili
- Legal Topics
- Stock Theft, Sentencing Revision, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaiah Okoth Obiero
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Application for Revision of Sentence
Legal Issues
- 1 Whether the application for revision of sentence is maintainable after the applicant has served the sentence imposed.
- 2 Whether there is any remedy available to the applicant after the sentence has been fully served.
Ratio Decidendi
The court found that since the applicant had already served the sentence imposed by the trial court and his due date for release had passed, the application for revision was overtaken by events. There was no longer any live issue for the court to determine, and as such, the application was marked as spent and the file closed.
Court Disposition
Application marked as spent and file closed.
Orders
- The application is marked as spent.
- The file is closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. E047 OF 2021
CORAM: R.E. ABURILI, J
ISAIAH OKOTH OBIERO..............APPLICANT
VERSUS
REPUBLIC....................................RESPONDENT
(Being an Application for Revision of sentence in Ukwala SRM Court’s Criminal
Case No. 452 of 2020 on 22. 09. 2020 by Hon. C. N. Sindani, Senior Resident Magistrate)
DIRECTIONS
1. The convict/applicant was convicted of the offence of stock theft, on his own plea of guilty on 22/9/2020 and sentenced to serve a fine of Kshs. 50,000/= in default, to serve one year imprisonment on 29/9/2020. He has, according to the Probation Officer’s Report filed on 15/6/2021 served sentence and was unwilling to be released on community service orders. His due date was on 29/5/2021.
2. That being the case, this application is overtaken by events. The same is hereby marked as spent and the file closed.
3. Orders accordingly.
Dated, signed and Delivered at Siaya this 24th Day of June, 2021
R.E. ABURILI
JUDGE