[2023] KEHC 19804 (KLR)
The court found that since the applicant had already completed his sentence and been released from prison, there was no longer any live issue for determination in the criminal revision. The matter was therefore rendered moot, and the appropriate course was to close the revision file without making any further orders.
Source-derived case information.
- Citation
- [2023] KEHC 19804 (KLR)
- Parties
- Applicant: Abubakar Juma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E082 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Revision file closed as applicant had completed sentence; no further orders issued.
- Judges
- WA Okwany
- Legal Topics
- Possession of Alcoholic Drinks, Sentencing, Criminal Revision, Alcoholic Drinks Control Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abubakar Juma
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's conviction and sentence for possession of alcoholic drinks was properly executed and whether any further orders are necessary upon completion of sentence.
Ratio Decidendi
The court found that since the applicant had already completed his sentence and been released from prison, there was no longer any live issue for determination in the criminal revision. The matter was therefore rendered moot, and the appropriate course was to close the revision file without making any further orders.
Court Disposition
Revision file closed as applicant had completed sentence; no further orders issued.
Orders
- This Revision file be closed.
Full Case Text
Judgment text and source record
18 paragraphs
Juma v Republic (Criminal Revision E082 of 2023) [2023] KEHC 19804 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19804 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E082 of 2023
WA Okwany, J
June 29, 2023
Between
Abubakar Juma
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E170 of 2023 by Hon. B.M. Kimutai, Principal Magistrate on 27th March 2023)
Ruling
1. The Applicant was convicted of the offence of being in possession of alcoholic drinks contrary to section 27 (1) (b) as read with section 27 (4) of the Alcoholic Drinks Control Act No 4 of 2010. The trial court sentenced him to pay a fine of Kshs 10,000/= or serve 4 months imprisonment. The letter by Kennedy Okemwa the County Probation Director dated June 22, 2023 indicates that the Applicant was released from GK Kisii Prison on June 17, 2023 upon completion of his sentence. It is hereby directed that this Revision file be closed.
2Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE