[2024] KEHC 9440 (KLR)
The court found that since the applicant had already served the sentence imposed for possession of illicit alcoholic drink, the application for revision was overtaken by events. There was no longer any live issue for the court to determine, and the file was accordingly marked as closed. The court emphasized that...
Source-derived case information.
- Citation
- [2024] KEHC 9440 (KLR)
- Parties
- Applicant: Dominic Kiptalam Kigen; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E177 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as overtaken by events; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Sentencing Review, Possession of Illicit Alcohol, Alcoholic Drinks Control Act, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominic Kiptalam Kigen
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the sentence already served.
- 2 Whether the application for revision has been overtaken by events due to completion of sentence.
Ratio Decidendi
The court found that since the applicant had already served the sentence imposed for possession of illicit alcoholic drink, the application for revision was overtaken by events. There was no longer any live issue for the court to determine, and the file was accordingly marked as closed. The court emphasized that revisionary jurisdiction is not exercised in vain where the sentence has already been fully served.
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
Kigen v Republic (Criminal Revision E177 of 2024) [2024] KEHC 9440 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9440 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E177 of 2024
PN Gichohi, J
July 23, 2024
Between
Dominic Kiptalam Kigen
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 (Dominic Kiptalam Kigen) was charged in Molo MCCR E157 of 2024 with the offence of Being in possession of Alcoholic Drink that does not conform to the requirements of Section 27(1) (b) and Section 27(4) of the Alcoholic Drink Control Act Cap 121(A) No. 4 of 2010.
3. The particulars are that on the 18th Day of January, 2024 at Legetio village of Lengenet Location in Rongai Sub-County within Nakuru County, was found in possession of alcoholic drink namely Chang’aa in her house which is unlicensed premise to wit 5 litres that is not packed in glass or pet bottles or metallic which was not licensed to possess and does not conform to the requirements of the above said Act.
4. He pleaded guilty and was sentenced to pay a fine of Ksh.10,000/= in default four (4) 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 23TH DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentProbation officerRuto - Court Assistant