[2024] KEHC 9448 (KLR)
The court found that the applicant, having pleaded guilty and been sentenced to a fine of Ksh.30,000 or six months imprisonment, had already served the sentence as confirmed by the Probation Officer's Sentence Review Report. As a result, the application for revision was overtaken by events, and there was no longer...
Source-derived case information.
- Citation
- [2024] KEHC 9448 (KLR)
- Parties
- Applicant: Stanley Kiprono Kosgei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E320 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application overtaken by events; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Stealing, Handling Stolen Goods, Sentencing, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Kiprono Kosgei
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence has been fully served, rendering the revision application moot.
- 2 Whether any further orders are necessary in light of the applicant having served the sentence.
Ratio Decidendi
The court found that the applicant, having pleaded guilty and been sentenced to a fine of Ksh.30,000 or six months imprisonment, had already served the sentence as confirmed by the Probation Officer's Sentence Review Report. As a result, the application for revision was overtaken by events, and there was no longer any live issue for the court to determine. The file was accordingly marked as closed, as no further orders were necessary.
Court Disposition
Application overtaken by events; file marked as closed.
Orders
- The application for revision is marked as overtaken by events.
- The file is marked as closed.
Full Case Text
Judgment text and source record
23 paragraphs
Kosgei v Republic (Criminal Revision E320 of 2024) [2024] KEHC 9448 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9448 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E320 of 2024
PN Gichohi, J
July 23, 2024
Between
Stanley Kiprono Kosgei
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 (Stanley Kiprono Kosgei) was charged in Molo MCCR E385 of 2024 with the offence of Stealing contrary to Section 268 as read with Section 275 of the Penal code.
3. The particulars are that on the 12th Day of February, 2024 at Tabain village, Sarambei Sub-Location in Kuresoi North Sub-County, within Nakuru County, stole one gate valve, two adapters, one connector and one manhole lid cover all valued at Ksh.7,600/= the property of Jogoo Naruwasco Water Company.
4. In the Alternative Charge, he charged with Handling stolen goods contrary to Section 332(1)(2) of the Penal Code.
5. The particulars are that on the 12th Day of February, 2024 at Tabain village, Sarambei Sub-Location in Kuresoi North Sub-County, within Nakuru County, otherwise than in the course of stealing, dishonestly retained, one manhole lid cover knowing or having reasons to believe it to be stolen goods.
6. He pleaded guilty and was sentenced to pay fine of Ksh.30,000/= in default six (6) months imprisonment.
7. The Sentence Review Report by the Probation officer has now confirmed that the Applicant has since served the sentence.
8. 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