[2023] KEHC 19941 (KLR)
The court found that since the applicant had already served the sentences imposed—namely, fines of Kshs 4,000 on each count or, in default, two months' imprisonment on each count running concurrently—there was no longer any live issue for determination. The matter was therefore marked as closed, as the relief sought...
Source-derived case information.
- Citation
- [2023] KEHC 19941 (KLR)
- Parties
- Applicant: John Njoroge Mathinji; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E519 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- matter marked as closed; no further orders issued
- Judges
- SM Mohochi
- Legal Topics
- Sentence Review, Concurrent Sentences, Imprisonment in Default, Fine Payment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Njoroge Mathinji
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentences of fine and imprisonment in default have been served, warranting closure of the matter.
Ratio Decidendi
The court found that since the applicant had already served the sentences imposed—namely, fines of Kshs 4,000 on each count or, in default, two months' imprisonment on each count running concurrently—there was no longer any live issue for determination. The matter was therefore marked as closed, as the relief sought had been overtaken by events and the applicant had completed the sentence in question.
Court Disposition
matter marked as closed; no further orders issued
Orders
- This matter shall be marked as closed.
Full Case Text
Judgment text and source record
17 paragraphs
Mathinji v Republic (Revision Case E519 of 2022) [2023] KEHC 19941 (KLR) (6 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19941 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E519 of 2022
SM Mohochi, J
July 6, 2023
Between
John Njoroge Mathinji
Applicant
and
Republic
Respondent
Ruling
1. The Court observes that the applicant sought to review two sentences of fine of Kshs 4,000 on each count and upon default to serve imprisonment of two (2) months on each count both running concurrently.
The sentence has however been served.This matter shall be marked as closed.
SIGNED, DATED and DELIVERED in open Court at Nakuru on this 6th July 2023________________________Mohochi S MJUDGEIn the presence of: -Court Assistant – ScholaState Counsel – Ms Mburu