[2024] KEHC 3471 (KLR)
The court found that since the applicant had already served the full sentence imposed for the offence of assault causing actual bodily harm, there was no longer any legal basis to continue holding him. The application for review of sentence was therefore marked as spent, and the applicant was ordered to be released...
Source-derived case information.
- Citation
- [2024] KEHC 3471 (KLR)
- Parties
- Applicant: Ignitious Kirwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E044 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 Actual Bodily Harm, Sentencing Review, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ignitious Kirwa
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 there is any legal basis to continue holding the applicant after completion of sentence.
Ratio Decidendi
The court found that since the applicant had already served the full sentence imposed for the offence of assault causing actual bodily harm, there was no longer any legal basis to continue holding him. The application for review of sentence was therefore marked as spent, and the applicant was ordered to be released forthwith unless otherwise lawfully held. The file was ordered closed, as the substantive issue had been resolved by the completion of the sentence.
Court Disposition
application marked as spent; applicant to be released unless otherwise lawfully held; file closed
Orders
- The applicant shall be released forthwith unless otherwise lawfully held.
- The application is marked as spent.
Full Case Text
Judgment text and source record
19 paragraphs
Kirwa v Republic (Criminal Revision E044 of 2024) [2024] KEHC 3471 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3471 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E044 of 2024
RN Nyakundi, J
April 11, 2024
Between
Ignitious Kirwa
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and sentenced on his own plea of guilty to 18 months imprisonment for the offence of assault causing actual 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