[2023] KEHC 22074 (KLR)
The court found that since the applicant, Samuel Kipyegon, had already served the entirety of his three-month sentence for stealing farm produce, there was no subsisting sentence or order for the court to revise. The revision jurisdiction under section 362 of the Criminal Procedure Code is only exercisable where...
Source-derived case information.
- Citation
- [2023] KEHC 22074 (KLR)
- Parties
- Applicant: Samuel Kipyegon; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E044 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application marked as overtaken by events; file closed.
- Judges
- HM Nyaga
- Legal Topics
- Stealing Farm Produce, Penal Code Offences, Prison Decongestion, Sentence Completion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Kipyegon
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether there is any sentence left to be revised for the applicant.
- 2 Whether the application for revision is rendered moot by the applicant having served the full sentence.
Ratio Decidendi
The court found that since the applicant, Samuel Kipyegon, had already served the entirety of his three-month sentence for stealing farm produce, there was no subsisting sentence or order for the court to revise. The revision jurisdiction under section 362 of the Criminal Procedure Code is only exercisable where there is a live issue or sentence to be addressed. As the applicant's sentence was fully served by the time the matter came before the court, the application for revision was rendered moot and could not be entertained. The only just and proper order was to mark the application as overtaken by events and close the file.
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
18 paragraphs
Kipyegon v Republic (Revision Case E044 of 2023) [2023] KEHC 22074 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22074 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E044 of 2023
HM Nyaga, J
August 22, 2023
Between
Samuel Kipyegon
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, Samuel Kipyegon was convicted for the offence of stealing farm produce contrary to section 2 (1) of the Penal Code and sentenced to serve 3 months imprisonment 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. 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