[2023] KEHC 22431 (KLR)
The court found that since the applicant had already served the entirety of his sentence by the time the application for revision was placed before the court, there was no subsisting sentence or order to review. Consequently, the application for revision was rendered moot and no further judicial intervention was...
Source-derived case information.
- Citation
- [2023] KEHC 22431 (KLR)
- Parties
- Applicant: Philip Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E294 of 2022
- Procedural Posture
- Revision / Ruling
- Outcome
- Application marked as overtaken by events; file closed.
- Judges
- SM Mohochi
- Legal Topics
- Possession of Alcoholic Drink, Plea of Guilty, Sentencing Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Langat
Applicant
Republic
Respondent
Procedural Posture
Revision / Ruling
Legal Issues
- 1 Whether there is any sentence left to be reviewed by the court in light of the applicant having served the full term.
- 2 Whether any further orders are warranted under the Prison Decongestion Exercise.
Ratio Decidendi
The court found that since the applicant had already served the entirety of his sentence by the time the application for revision was placed before the court, there was no subsisting sentence or order to review. Consequently, the application for revision was rendered moot and no further judicial intervention was warranted. The only just 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.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Langat v Republic (Revision Case E294 of 2022) [2023] KEHC 22431 (KLR) (18 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22431 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E294 of 2022
SM Mohochi, J
September 18, 2023
Between
Philip Langat
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, Philip Langat was on March 9, 2022, convicted on his own plea of guilty for the following offences;a.Count I, the offence of possession of alcoholic drink, contrary to section 32(1)(c) as read with section 32(g) of the Alcoholic Drinks Control Act No 4 of 2010 and fined Kshs 70,000 in default, to serve 1-year imprisonment andb.Count II, the offence of being in possession of alcoholic drink without licence contrary to Section 7(1) Alcoholic Drinks Control Act No 4 of 2010 and fined Kshs 15,000, in default, to serve 5 months’ imprisonment.
3. By the time this application was placed before court for consideration, I note that the Applicant has served his sentence and there is nothing left for this court to review.
4. 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 ON THIS 18TH DAY OF SEPTEMBER, 2023. MOHOCHI S.MJUDGE