Makabira v Republic [2025] KEHC 9968 (KLR)
- Citation
- [2025] KEHC 9968 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- MS Shariff
- Case number
- Revision Case E489 of 2024
- Language
- English
More details
- Court
- High Court
- Panel
- MS Shariff
- Case number
- Revision Case E489 of 2024
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that since the applicant had already served the sentence as of 8 December 2024, the application for revision was rendered moot. The court therefore marked the application as abandoned and closed the file, as there was no longer any live issue for determination.
Court disposition
Application marked as abandoned and file closed.
Orders
- The application for revision is marked as abandoned.
- The file is marked as closed.
02
Material facts
Parties
Samuel Simiyu Makabira
ApplicantRepublic
Respondent03
Procedural history
Posture
Criminal Revision / Ruling
04
Questions and positions
Legal issues
Whether the application for revision of sentence is maintainable after the applicant has served the sentence.
Party arguments
- Applicant
- The applicant sought revision of his sentence. No further arguments are recorded as the sentence had already been served.
- Respondent
- No substantive response is recorded; the matter was overtaken by events as the sentence was already served.
05
Court’s reasoning
Legal principles
- 01
Criminal Procedure Code (Cap 75), general principles of mootness
A court will not entertain an application for revision of sentence where the sentence has already been fully served, rendering the application moot.
06
Ratio, limits and disposition
Ratio decidendi
The court found that since the applicant had already served the sentence as of 8 December 2024, the application for revision was rendered moot. The court therefore marked the application as abandoned and closed the file, as there was no longer any live issue for determination.
Court disposition
Application marked as abandoned and file closed.
- The application for revision is marked as abandoned.
- The file is marked as closed.
Source and reliance status
High Court
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Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
Makabira v Republic (Revision Case E489 of 2024) [2025] KEHC 9968 (KLR) (9 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9968 (KLR)
Republic of Kenya
In the High Court at Bungoma
Revision Case E489 of 2024
MS Shariff, J
July 9, 2025
Between
Samuel Simiyu Makabira
Applicant
and
Republic
Respondent
Ruling
1. Upon perusal of a report dated 10th June 2025 prepared by John Riungu Bungoma County Probation Director, I do note that whereas the applicant herein had filed an application for revision of his sentence, he has since served the same as at 8. 12. 2024.
2. Premised upon the matters aforesaid this application has been overtaken by events and it is thus marked as abandoned.
3. This file is hereby marked as closed.
DELIVERED, SIGNED AND DATED AT BUNGOMA THIS 9TH DAY OF JULY 2025. M.S. SHARIFFJUDGE
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