[2025] KEHC 3700 (KLR)
The court found that the applicant, having already served the full six-month sentence for the offence of stealing and been released from prison, was no longer eligible for sentence review. The purpose of the application was overtaken by events, as the applicant had completed his sentence prior to the determination...
Source-derived case information.
- Citation
- [2025] KEHC 3700 (KLR)
- Parties
- Applicant: Christopher Ondari Kerubo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 354 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; applicant has completed sentence.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Ondari Kerubo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether any further orders are necessary given the applicant has completed his sentence.
Ratio Decidendi
The court found that the applicant, having already served the full six-month sentence for the offence of stealing and been released from prison, was no longer eligible for sentence review. The purpose of the application was overtaken by events, as the applicant had completed his sentence prior to the determination of the review. Therefore, no further orders were necessary.
Court Disposition
Application dismissed as moot; applicant has completed sentence.
Orders
- No further orders as the applicant has completed the sentence.
Full Case Text
Judgment text and source record
19 paragraphs
Kerubo v Republic (Criminal Revision 354 of 2024) [2025] KEHC 3700 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3700 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 354 of 2024
DR Kavedza, J
March 26, 2025
Between
Christopher Ondari Kerubo
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Christopher Ondari Kerubo is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted for the offence of stealing contrary to Section 268 as read with section 275 of the Penal Code. He was sentenced on 26th August 2024 to serve 6(six) months imprisonment.
3. According to the probation report dated 4th February 2025 on record the Applicant has already served the full sentence at Jamuhuri Prison and was released on 24th December 2024.
4. I therefore find that the Applicant completed the sentence.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 26THDAY OF MARCH 2025D. KAVEDZAJUDGE