[2025] KEHC 561 (KLR)
The court found that since the applicants, Wycliffe Langat and Shadrack Terer, had already fully served their twelve-month sentences as confirmed by the Probation Officer's Sentence Review Report, the application for revision had been overtaken by events. There was no longer any live issue for the court to...
Source-derived case information.
- Citation
- [2025] KEHC 561 (KLR)
- Parties
- Applicant: Wycliffe Langat; Applicant: Shadrack Terer; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E310 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Store Breaking, Handling Stolen Goods, Sentencing Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliffe Langat
Applicant
Shadrack Terer
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for revision is maintainable after the applicants have fully served their sentence.
- 2 Whether any further orders are necessary in light of the applicants having completed their imprisonment.
Ratio Decidendi
The court found that since the applicants, Wycliffe Langat and Shadrack Terer, had already fully served their twelve-month sentences as confirmed by the Probation Officer's Sentence Review Report, the application for revision had been overtaken by events. There was no longer any live issue for the court to determine, and thus, the file was marked as closed. The court emphasized that it cannot grant relief where the sentence has already been completed and the matter is moot.
Court Disposition
Application dismissed as moot; file marked as closed.
Orders
- The application for revision is dismissed as overtaken by events.
- The file is marked as closed.
Full Case Text
Judgment text and source record
24 paragraphs
Langat & another v Republic (Criminal Revision E310 of 2024) [2025] KEHC 561 (KLR) (30 January 2025) (Ruling)
Neutral citation: [2025] KEHC 561 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E310 of 2024
PN Gichohi, J
January 30, 2025
Between
Wycliffe Langat
1st Applicant
Shadrack Terer
2nd Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.
2. The Applicants (Wycliffe Langat & Shadrack Terer) were charged in Molo MCCR E193 of 2024 with the offence of store breaking contrary to section 306 (a) as read with Section 279 of the Penal Code.
3. The particulars are that on the 15th day of January 2024 at Miti Tatu in Londiani Sub County within Kericho County jointly with others not before court broke and entered a store of David Kibet Bor and stole 1 sack of millet, ½ sack of beans and a phone make X-Tigi all valued at Ksh.20,000/= the property of David Kibet Bor.
4. In the alternative charge Handling stolen goods contrary to section 322(1)(2) of the Penal Code.
5. They pleaded guilty and were sentenced Twelve (12) months imprisonment.
6. The Sentence Review Report by the Probation officer, Molo dated 16th December, 2024 has now confirmed Wycliffe Langat & Shadrack Terer have fully served their sentence.
7. In the circumstances the application has been overtaken by events and file marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 30TH DAY OF JANUARY, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Ms Emma Okok for RespondentRuto - Court Assistant