[2023] KEHC 3417 (KLR)
The court held that since the applicant had already served the entire sentence imposed by the trial court, there was no subsisting order or sentence for the High Court to revise under its revisionary jurisdiction. The application for revision was therefore overtaken by events and could not be entertained. The only...
Source-derived case information.
- Citation
- [2023] KEHC 3417 (KLR)
- Parties
- Applicant: Boniface Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case 560 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as overtaken by events; file closed.
- Judges
- HM Nyaga
- Legal Topics
- Possession of Alcoholic Drinks, Plea of Guilty, Sentencing, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Kariuki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether there is any sentence or order left for the High Court to revise after the applicant has served the full sentence imposed by the trial court.
Ratio Decidendi
The court held that since the applicant had already served the entire sentence imposed by the trial court, there was no subsisting order or sentence for the High Court to revise under its revisionary jurisdiction. The application for revision was therefore overtaken by events and could not be entertained. The only just order was to close the application with no further orders.
Court Disposition
Application dismissed as overtaken by events; file closed.
Orders
- The application for revision is hereby closed as it has been overtaken by events.
- No further orders are issued.
Full Case Text
Judgment text and source record
19 paragraphs
Kariuki v Republic (Revision Case 560 of 2022) [2023] KEHC 3417 (KLR) (27 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3417 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case 560 of 2022
HM Nyaga, J
April 27, 2023
Between
Boniface Kariuki
Applicant
and
Republic
Respondent
Ruling
1. The applicant Boniface Kariuki was convicted on his own plea of guilty for the offence of being in possession of alcoholic drink namely changaa contrary to section 27(1) as read with sub section 3 of the Alcoholic Drinks Control Act No 4 of 2010 and sentenced to serve 6 months’ imprisonment on October 12, 2022.
2. He therefore completed serving his sentence on or about March 12, 2023. Having served the sentence imposed by the trial court, there is no nothing left for this court to revise.
3. Consequently, the only just order which this court can make which I hereby do, is to order that the application has been overtaken by events and it is hereby closed with no further orders. Orders accordingly.
4. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 27THAPRIL, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant –N/A