[2024] KEHC 8979 (KLR)
The court found that the applicant, having pleaded guilty to the offence of threatening to kill and having already served the sentence as confirmed by the Probation Officer's report, rendered the application for revision academic. As there was no longer any sentence to revise or relief to grant, the court marked the...
Source-derived case information.
- Citation
- [2024] KEHC 8979 (KLR)
- Parties
- Applicant: Evans Kipkirui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E312 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review and Closure
- Outcome
- Application dismissed as overtaken by events; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Threats to Kill, Sentencing, Criminal Revision, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Kipkirui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review and Closure
Legal Issues
- 1 Whether the applicant has served the sentence imposed for threatening to kill.
- 2 Whether the application for revision is rendered moot by the applicant having served the sentence.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to the offence of threatening to kill and having already served the sentence as confirmed by the Probation Officer's report, rendered the application for revision academic. As there was no longer any sentence to revise or relief to grant, the court marked the file as closed, effectively disposing of the matter.
Court Disposition
Application dismissed as overtaken by events; file marked as closed.
Orders
- The application for revision is marked as closed as the applicant has served the sentence.
Full Case Text
Judgment text and source record
21 paragraphs
Kipkirui v Republic (Criminal Revision E312 of 2024) [2024] KEHC 8979 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8979 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E312 of 2024
PN Gichohi, J
July 23, 2024
Between
Evans Kipkirui
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 (Evans Kipkirui) was charged in Molo MCCR E377 of 2024 with the offence of Threatening to kill contrary to Section 223(1) of the Penal Code.
3. The particulars are that on the 9th February, 2024 at around 1100hrs at Keringet area, in Kuresoi South Sub County within Nakuru County threatened to kill Christine Chebet by uttering these words “utanijuwa leo mimi ni nani, nitakuuwa”
4. He pleaded guilty and was sentenced to pay fine of Ksh.50,000/= 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 23TH DAY OF JULY, 2024. PATRICIA GICHOHI.............................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRARIn the presence of:Mr. Kihara for RespondentProbation officerRuto - Court Assistant