[2017] KEHC 611 (KLR)
The court found that since the applicant had already served the two-month imprisonment sentence and the sentence period had lapsed, the application for review was overtaken by events and there was no longer a live issue for the court to determine.
Source-derived case information.
- Citation
- [2017] KEHC 611 (KLR)
- Parties
- Applicant: Lokirinyan Lotemo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 9 of 2017
- Procedural Posture
- Criminal Revision / Revision Order
- Outcome
- Application for review dismissed as overtaken by events.
- Judges
- RPV Wendoh
- Legal Topics
- Sentence Review, Criminal Revision, Lapsed Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lokirinyan Lotemo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Revision Order
Legal Issues
- 1 Whether the sentence imposed on the applicant is subject to review given that the sentence period has lapsed.
Ratio Decidendi
The court found that since the applicant had already served the two-month imprisonment sentence and the sentence period had lapsed, the application for review was overtaken by events and there was no longer a live issue for the court to determine.
Court Disposition
Application for review dismissed as overtaken by events.
Orders
- The application for review is dismissed as the sentence has already lapsed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAHURURU
CRIMINAL REVISION NO.9 OF 2017
(FORMERLY OF NAKURU 46/16)
LOKIRINYAN LOTEMO…………………………………….APPLICANT
- V E R S U S –
REPUBLIC………………………………………………….RESPONDENT
REVISION ORDER
This file was placed before me for purposes of reviewing the sentence. I have perused the lower court file and do note that the sentence was imposed on 21/10/2016. Part of the file is missing but it seems the applicant was sentenced to serve 2 months imprisonment which has lapsed. The application for review is therefore overtaken by events.
Signedand Dated at NYAHURURU this20th day of July2017.
………………………………..
R.P.V. Wendoh
JUDGE