[2024] KEHC 9447 (KLR)
The court found that the applicant had already served the sentence imposed by the trial court, as confirmed by the Probation Officer's Sentence Review Report. Consequently, the application for revision was rendered moot and had been overtaken by events. There was no longer any live issue requiring the court's...
Source-derived case information.
- Citation
- [2024] KEHC 9447 (KLR)
- Parties
- Applicant: Benard Kiprotich Sigilai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E307 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Stealing, Handling Stolen Goods, Sentencing, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Kiprotich Sigilai
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the time already served.
- 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 by the trial court, as confirmed by the Probation Officer's Sentence Review Report. Consequently, the application for revision was rendered moot and had been overtaken by events. There was no longer any live issue requiring the court's intervention, and the file was accordingly marked as closed.
Court Disposition
Application dismissed as moot; file marked as closed.
Orders
- The application for revision is marked as closed as the applicant has already served the sentence.
Full Case Text
Judgment text and source record
20 paragraphs
Kibet v Republic (Criminal Revision E307 of 2024) [2024] KEHC 9447 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9447 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E307 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 Kiprotich Sigilai) was charged in Molo MCCR E011 of 2024 with the offence ofCount IStealing contrary to Section 268 as read with 275 of the Penal Code.The particulars are that on the 28th Day of November, 2023 at Keringet area in Kuresoi South Sub County within Nakuru county stole seven (7) pieces of metal bars 1 1/4 , one (1) metal ladder and one (1) chicken all valued at Ksh.13,400/= property of Alice Bor.Count IIStealing contrary to Section 268 as read with 275 of the Penal Code.The particulars are that on the 30th Day of December, 2023 at Keringet area in Kuresoi South Sub County within Nakuru county stole twenty two (22) pieces of timber valued at Ksh.10,560/= the property of Stanley Sigilai.Alternative CountHandling stolen goods contrary to Section 322(1)(2) of the Penal Code.The particulars are that on the 30th Day of December, 2023 at Keringet area in Kuresoi South Sub County within Nakuru County, otherwise in the course of stealing dishonestly retained 2 (two) pieces of timber knowing or having reason to believe it to be stolen goods.
3. He pleaded guilty and was sentenced to pay fine of Ksh.20,000/= in default six (6) months imprisonment both counts to run concurrently.
4. The Sentence Review Report by the Probation officer has now confirmed that the Applicant has since served the sentence.
5. In the circumstances the application has been overtaken by events and file marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 23TH DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentProbation officerRuto - Court Assistant