[2023] KEHC 22018 (KLR)
The court found that since the applicant had already served the entirety of his sentence by the time the matter was considered, there was no subsisting sentence or order for the court to revise. The application for revision was therefore rendered moot and overtaken by events. The court accordingly marked the...
Source-derived case information.
- Citation
- [2023] KEHC 22018 (KLR)
- Parties
- Applicant: Alex Kipyagan alias Brian Kipng’eno Kirui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E058 of 2023
- Procedural Posture
- Revision / Ruling
- Outcome
- Application marked as overtaken by events; file closed.
- Judges
- HM Nyaga
- Legal Topics
- Stealing Offence, Penal Code Section 275, Prison Decongestion, Sentence Completion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Kipyagan alias Brian Kipng’eno Kirui
Applicant
Republic
Respondent
Procedural Posture
Revision / Ruling
Legal Issues
- 1 Whether there is any sentence left to be revised for the applicant.
- 2 Whether the application for revision is moot due to completion of sentence.
Ratio Decidendi
The court found that since the applicant had already served the entirety of his sentence by the time the matter was considered, there was no subsisting sentence or order for the court to revise. The application for revision was therefore rendered moot and overtaken by events. The court accordingly marked the application as overtaken by events and ordered the file closed.
Court Disposition
Application marked as overtaken by events; file closed.
Orders
- The application is marked as overtaken by events.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Kipyagan v Republic (Revision Case E058 of 2023) [2023] KEHC 22018 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22018 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E058 of 2023
HM Nyaga, J
August 22, 2023
Between
Alex Kipyagan alias Brian Kipng’eno Kirui
Applicant
and
Republic
Respondent
Ruling
1. This matter has been brought to me under the Prison Decongestion Exercise been undertaken by this court.
2. The Applicant, Alex Kipyagan was convicted for the offence of stealing contrary to section 268 as read with section 275 of the Penal Codeand sentenced to serve 3 months’ imprisonment and a Kshs 20,000/= fine on June 2, 2023. At the time of looking into the matter, I note that he has served his sentence and there is nothing left for this court to revise.
3. Consequently, the only just order which this court can make which I hereby do, is to order that the application be marked as overtaken by events.
4. Orders accordingly. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H. M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant