https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12920
The application sought review of a sentence that had already been fully served. Because the applicant had been released from prison, the matter was moot and the court dismissed the application as overtaken by events.
Source-derived case information.
- Citation
- [2026] KEHC 12920 (KLR)
- Parties
- Applicant: JOSEPH GEKE NYAKUNDI; Respondent: REPUBLIC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision Application E197 of 2023
- Procedural Posture
- Criminal Revision Application / Ruling After Hearing; Application Dismissed as Overtaken by Events
- Outcome
- Dismissed
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Sentence Review, Robbery With Violence, Mootness/overtaken by Events, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JOSEPH GEKE NYAKUNDI
Applicant
REPUBLIC
Respondent
Procedural Posture
Criminal Revision Application / Ruling After Hearing; Application Dismissed as Overtaken by Events
Legal Issues
- 1 Whether the application for review of sentence could be entertained after the applicant had already completed the sentence and been released from prison.
Ratio Decidendi
The application sought review of a sentence that had already been fully served. Because the applicant had been released from prison, the matter was moot and the court dismissed the application as overtaken by events.
Court Disposition
Dismissed
Orders
- The criminal revision application is dismissed as overtaken by events.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KISII** **CRIMINAL REVISION APPLICATION NO. E197 OF 2023** **JOSEPH GEKE NYAKUNDI…………………...….……...APPLICANT** **=VERSUS=** **REPUBLIC………………………………………………..RESPONDENT** **RULING** 1. This Application has come up before this Court, for hearing. It seeks a review of the sentence that the Applicant was serving 10 years imprisonment at KISII GK PRISON. 2. The sentence was for the Offence of Robbery With Violence contrary to Section 296 (2) of the Penal Code (Cap 63 Laws of Kenya). For which she was convicted in OGEMBO CM’S COURT CRIMINAL CASE NO. 779 of 2016. 3. The Applicant is absent. This Court has been informed that he completed the said sentence, and was released from the said prison on 28th April 2026. 4. With the completion of the subject sentence, and consequent release of the Applicant from prison, this Application has been overtaken by events. It is therefore hereby dismissed. **DATED and DELIVERED at KISII on this 31st day of July 2026.** **PROF (DR) NIXON SIFUNA** **JUDGE**