[2024] KEHC 8977 (KLR)
The court found that the applicant had already served the sentence imposed for the offence of possession of illicit alcohol. As a result, the application for revision was rendered moot and there was no longer any live issue for determination. The file was accordingly marked as closed, as granting any further orders...
Source-derived case information.
- Citation
- [2024] KEHC 8977 (KLR)
- Parties
- Applicant: Moses Mwangi Kirungu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E174 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Possession of Illicit Alcohol, Sentencing, Alcoholic Drinks Control Act, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Mwangi Kirungu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's continued detention is lawful after serving the sentence.
- 2 Whether the application for revision is moot due to the applicant having served the sentence.
Ratio Decidendi
The court found that the applicant had already served the sentence imposed for the offence of possession of illicit alcohol. As a result, the application for revision was rendered moot and there was no longer any live issue for determination. The file was accordingly marked as closed, as granting any further orders would serve no practical purpose.
Court Disposition
Application dismissed as moot; file marked as closed.
Orders
- The application for revision is dismissed as it has been overtaken by events.
- The file is marked as closed.
Full Case Text
Judgment text and source record
21 paragraphs
Kirungu v Republic (Criminal Revision E174 of 2024) [2024] KEHC 8977 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8977 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E174 of 2024
PN Gichohi, J
July 23, 2024
Between
Moses Mwangi Kirungu
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 (Moses Mwangi Kirungu) was charged in Molo MCCR E2747 of 2023 with the offence of Being in possession of alcoholic drinks that does not conform the requirement of the Alcoholic Drinks Control Act C/Section 27(1)(b) as read with Section 27(4) of the Alcoholic Drinks Control Act No.4 of 2010.
3. The particulars are that on the 19th Day of December, 2023 at around 1400hrs at Kiambereria area, in Molo Sub-County within Nakuru County, you were found in possession of 5 litres of chang’aa in unlicensed premises and the same was packed in 5 pieces of clear polythene bags and had no warning message in contravention of the said Act.
4. He pleaded guilty and was sentenced to pay a 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 GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentProbation officerRuto - Court Assistant