[2024] KEHC 9438 (KLR)
The court found that the applicant had already served the sentence imposed for the offence of stealing, as confirmed by the Probation Officer's report. Since the sentence was fully served, there was no longer any live issue for the court to determine regarding the applicant's continued detention or the legality of...
Source-derived case information.
- Citation
- [2024] KEHC 9438 (KLR)
- Parties
- Applicant: Evans Matayo Mangari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E173 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Stealing, Sentencing, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Matayo Mangari
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the time already served.
- 2 Whether the application for revision has been overtaken by events.
Ratio Decidendi
The court found that the applicant had already served the sentence imposed for the offence of stealing, as confirmed by the Probation Officer's report. Since the sentence was fully served, there was no longer any live issue for the court to determine regarding the applicant's continued detention or the legality of the sentence. The application for revision was therefore rendered moot and the file was marked as closed.
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
21 paragraphs
Mangari v Republic (Criminal Revision E173 of 2024) [2024] KEHC 9438 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9438 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E173 of 2024
PN Gichohi, J
July 23, 2024
Between
Evans Matayo Mangari
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.
2. The Applicant (Evans Matayo Mangari) was charged in Molo MCCR E2600 of 2023 with the offence of Stealing contrary to Section 268 as read with Section 275 of the Penal Code.
3. The particulars are that on the 24th day of November, 2023 at Shalom centre of Rongai Location in Rongai Sub County within Nakuru County, stole cash money amounting to Kshs.15,500/= the property of Alex Ateya Nyaanga.
4. He pleaded guilty and was sentenced to pay a fine of Ksh.20,000/= in default six (6) months imprisonment.
5. The Sentence Review Report by the Probation officer has now confirmed that the Applicant has since served the sentence.
6. In the circumstances the application has been overtaken by events and file marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 23THDAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentProbation officerRuto - Court Assistant