[2024] KEHC 4289 (KLR)
The court found that since the applicant had already served the full term of imprisonment imposed upon his plea of guilty for assault causing bodily harm, the application for review of sentence was rendered moot. There was no practical relief that could be granted, and the applicant was to be released forthwith...
Source-derived case information.
- Citation
- [2024] KEHC 4289 (KLR)
- Parties
- Applicant: Meshack Kipnge’tich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E067 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application marked as spent; applicant to be released unless otherwise lawfully held; file closed.
- Judges
- RN Nyakundi
- Legal Topics
- Assault Causing Bodily Harm, Plea of Guilty, Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meshack Kipnge’tich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a review of sentence after serving the full term of imprisonment.
- 2 Whether any further orders are merited given the sentence has been served.
Ratio Decidendi
The court found that since the applicant had already served the full term of imprisonment imposed upon his plea of guilty for assault causing bodily harm, the application for review of sentence was rendered moot. There was no practical relief that could be granted, and the applicant was to be released forthwith unless otherwise lawfully held. The application was marked as spent and the file ordered closed.
Court Disposition
Application marked as spent; applicant to be released unless otherwise lawfully held; file closed.
Orders
- The applicant should be released forthwith unless otherwise lawfully held.
- The application is marked as spent.
Full Case Text
Judgment text and source record
19 paragraphs
Kipnge’tich v Republic (Criminal Revision E067 of 2024) [2024] KEHC 4289 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4289 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E067 of 2024
RN Nyakundi, J
April 11, 2024
Between
Meshack Kipnge’tich
Applicant
and
Republic
Respondent
Ruling
Representation:Mark Mugun for the state 1. The applicant was charged and sentenced on his own plea of guilty to a fine of Kshs. 20,000 and in default 1 year imprisonment for the offence of assault causing bodily harm contrary to section 251 of the Penal Code.
2. The applicant has approached this court pursuant to sections 357,362,364& 382 of the Criminal Procedure Code as construed with Article 50(2)(p) &(q) as conjunctively read with Article 50(6)(a) &(b) of the Constitution.
3. The applicant seeks review of sentence. However, the sentence of 1 year has been served to completion. The applicant therefore should be released forthwith unless and otherwise lawfully held. The application is hereby marked as spent and the file be closed.
4. It is so ordered.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 11THDAY OF APRIL 2024. .....................R. NYAKUNDIJUDGE