[2017] KEHC 9717 (KLR)
The court found that the applicant's request for revision of sentence had already been addressed in a previous application (H.C. Revision No. 302 of 2016), where the custodial sentence was substituted with a non-custodial sentence of community service order (CSO) by Hon. Kimaru, J. As the issue had already been...
Source-derived case information.
- Citation
- [2017] KEHC 9717 (KLR)
- Parties
- Applicant: Jacob Orechi Nyakundi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 68 of 2016
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application struck out as overtaken by events
- Legal Topics
- Sentence Revision, Plea of Guilty, Custodial Sentence, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Orechi Nyakundi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for revision of sentence is maintainable after a similar application has already been determined.
- 2 Whether the applicant is entitled to substitution of the custodial sentence with a non-custodial sentence.
Ratio Decidendi
The court found that the applicant's request for revision of sentence had already been addressed in a previous application (H.C. Revision No. 302 of 2016), where the custodial sentence was substituted with a non-custodial sentence of community service order (CSO) by Hon. Kimaru, J. As the issue had already been conclusively determined, the present application was rendered moot and the court was functus officio. Accordingly, the application was struck out as it was overtaken by events.
Court Disposition
application struck out as overtaken by events
Orders
- The application is struck out as it is overtaken by events.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 68 OF 2016
JACOB ORECHI NYAKUNDI…………………….………...APPLICANT
VERSUS
REPUBLIC………………………………………………RESPONDENT
RULING
The Applicant was charged vide Kibera Cr. Case No. 1797 of 2014 with the offence of breaking into a building namely a tent used as a store and committing a felony contrary to Section 306 (a) as read with Section 306 (b) of the Penal Code. He was convicted on his own plea of guilty and sentenced to serve five years imprisonment on 13th May, 2014. By a Notice of Motion dated 6th January, 2016, he sought a revision of the sentence by pleading with the court to substitute the custodial sentence with a non- custodial sentence.
After this court called for the original record of proceedings, a revision file, H.C. Revision No. 302 of 2016 was availed. I confirmed that the Applicant had filed a similar application in that file and the same was disposed by Hon. Kimaru, J on 18th January, 2017. The custodial sentence was substituted with a non-custodial sentence of CSO. This application is thus overtaken by events and I strike out accordingly.
Dated and delivered at Nairobi This 8th November, 2017.
G.W.NGENYE-MACHARIA
JUDGE
In the presence of;
1. Applicant absent
2. M/s Nyauncho for the Respondent.