[2025] KEHC 560 (KLR)
The court found that the applicant had already fully served the sentence imposed for possession of cannabis sativa, as confirmed by the Probation Officer's Sentence Review Report. Since the purpose of the revision application was to seek relief regarding the sentence, and the sentence had already been completed, the...
Source-derived case information.
- Citation
- [2025] KEHC 560 (KLR)
- Parties
- Applicant: Karuga Kamau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E317 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed as overtaken by events; file closed
- Judges
- PN Gichohi
- Legal Topics
- Possession of Narcotics, Sentencing Review, Drug Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Karuga Kamau
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for revision is merited given the applicant has fully served the sentence.
- 2 Whether any further orders are necessary in light of the applicant's completed sentence.
Ratio Decidendi
The court found that the applicant had already fully served the sentence imposed for possession of cannabis sativa, as confirmed by the Probation Officer's Sentence Review Report. Since the purpose of the revision application was to seek relief regarding the sentence, and the sentence had already been completed, the application was rendered moot. The court therefore marked the file as closed, as no further orders could be made that would have any practical effect.
Court Disposition
application dismissed as overtaken by events; file closed
Orders
- The application for revision is marked as closed as the applicant has fully served his sentence.
Full Case Text
Judgment text and source record
21 paragraphs
Kamau v Republic (Criminal Revision E317 of 2024) [2025] KEHC 560 (KLR) (30 January 2025) (Ruling)
Neutral citation: [2025] KEHC 560 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E317 of 2024
PN Gichohi, J
January 30, 2025
Between
Karuga Kamau
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.
2. The Applicant (Karuga Kamau) was charged inMolo MCCR E110 of 2024with the offence of being in possession of Cannabis Sativa (Bhang) contrary to Section 3(1) (a) as read with Section 3(2) (b) of the Narcortic drugs and Psychotropic Substances Control Act No. 4 of 2022.
3. The particulars are that on the 12th day of January, 2024 at around 1500 hours at Michina area, in Molo Sub County within Nakuru County, you were found being in possession of cannabis sativa (bhang) to wit 700 grams whose street value is Ksh.1,000/= which was not medically prescribed.
4. He pleaded guilty and was sentenced to pay a fine of Ksh.40,000/= in default Twelve (12) months imprisonment.
5. The Sentence Review Report by the Probation officer, Molo dated 16th December, 2024 has now confirmed the Applicant has fully served his sentence.
6. In the circumstances the application has been overtaken by events and file marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 30THDAY OF JANUARY, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Ms Emma Okok for RespondentRuto - Court Assistant