[2023] KEHC 3455 (KLR)
The court determined that since the applicant had already been released from prison, the request for sentence revision was overtaken by events and there was no longer a live issue for the court to determine. The application was therefore rendered moot and the file was closed.
Source-derived case information.
- Citation
- [2023] KEHC 3455 (KLR)
- Parties
- Applicant: Kelvin Lowot Lodengo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E539 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; file closed.
- Judges
- HM Nyaga
- Legal Topics
- Personation, Conspiracy to Commit Felony, Sentence Revision
- 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
Kelvin Lowot Lodengo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the probation officer's recommendation and the applicant's current custodial status.
Ratio Decidendi
The court determined that since the applicant had already been released from prison, the request for sentence revision was overtaken by events and there was no longer a live issue for the court to determine. The application was therefore rendered moot and the file was closed.
Court Disposition
Application dismissed as moot; file closed.
Orders
- The request for revision is overtaken by events and is therefore dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Lodengo v Republic (Revision Case E539 of 2022) [2023] KEHC 3455 (KLR) (27 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3455 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E539 of 2022
HM Nyaga, J
April 27, 2023
Between
Kelvin Lowot Lodengo
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Kelvin Lowot Lodengo was convicted on his own plea of guilty for the offence of Personation contrary to Section 382 of the Penal Code and Conspiracy to commit a felony contrary to Section 393 of the Penal Code. He was sentenced to serve 12 months’ imprisonment on 31st August, 2022.
2. He has so far served about 7months in prison.
3. In the Sentence Review Report filed on 17th January,2023 the Probation Officer, Salim A.G recommends probation for 6 months. However, according to the verbal report received from the Prison officer on 27th April,2023 the accused has since been released from prison. Accordingly, the request for revision is overtaken by events.
4. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 27TH APRIL, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant –N/A