[2024] KEHC 8978 (KLR)
The court found that the applicant had already served the sentence imposed for possession of cannabis sativa, as confirmed by the Sentence Review Report. Consequently, the application for revision was rendered moot and had been overtaken by events. The court therefore marked the file as closed, as there was no...
Source-derived case information.
- Citation
- [2024] KEHC 8978 (KLR)
- Parties
- Applicant: Benard Kibet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E275 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as overtaken by events; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Possession of Narcotics, Sentencing Review, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Kibet
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the current circumstances.
- 2 Whether the application for revision has been overtaken by events due to completion of sentence.
Ratio Decidendi
The court found that the applicant had already served the sentence imposed for possession of cannabis sativa, as confirmed by the Sentence Review Report. Consequently, the application for revision was rendered moot and had been overtaken by events. The court therefore marked the file as closed, as there was no longer any live issue for determination.
Court Disposition
Application dismissed as overtaken by events; file marked as closed.
Orders
- The application for revision is dismissed as overtaken by events.
- The file is marked as closed.
Full Case Text
Judgment text and source record
21 paragraphs
Kibet v Republic (Criminal Revision E275 of 2024) [2024] KEHC 8978 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8978 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E275 of 2024
PN Gichohi, J
July 23, 2024
Between
Benard Kibet
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 (Benard Kibet) was charged in Molo MCCR E343 of 2024 with the offence of Being in possession of cannabis sativa (Bhang) contrary to Section 3 (1) of the Narcotic drugs and Psychotropic Substance Act No. 4 of 1994.
3. The particulars are that on the 8th February, 2024 in Sachoran Centre in Kuresoi North Sub County within Nakuru County was found in possession of cannabis sativa (Bhang) one kilogram contrary to Section 3(1) of Narcotic drugs and Psychotropic Substance Act No. 4 of 1994.
4. He pleaded guilty and was sentenced to pay fine of Ksh.30,000/= in default six (6) months imprisonment.
5. The Sentence Review Report by the Probation officer has now confirmed that the Applicant has since served the sentence.
6. In the circumstances the application has been overtaken by events and file marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 23THDAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence ofMr. Kihara for RespondentProbation officerRuto - Court Assistant