[2018] KEHC 4645 (KLR)
The court found that the applicant had already served the entirety of his one-year custodial sentence for the offence of stealing, as confirmed by the Probation Officer's report and the attached schedule of prisoners. Since the sentence had been fully executed, the application for revision was rendered moot and...
Source-derived case information.
- Citation
- [2018] KEHC 4645 (KLR)
- Parties
- Applicant: Maurice Vincent Waka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 44 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of sentence declined as moot; file ordered closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Prison Decongestion Policy, Completion of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Vincent Waka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence under the decongestion of Prison Policy.
- 2 Whether the application for revision is moot given the applicant has already served the full sentence.
Ratio Decidendi
The court found that the applicant had already served the entirety of his one-year custodial sentence for the offence of stealing, as confirmed by the Probation Officer's report and the attached schedule of prisoners. Since the sentence had been fully executed, the application for revision was rendered moot and there was no longer a live issue for the court to determine. The court therefore declined the request for revision and ordered the file closed.
Court Disposition
Application for revision of sentence declined as moot; file ordered closed.
Orders
- The request for revision of sentence is declined.
- File to be closed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. CR. REV. NO. 44 OF 2018
(CORAM: R. E. ABURILI - J.)
MAURICE VINCENT WAKA............APPLICANT
VERSUS
REPUBLIC.......................................RESPONDENT
(Being an appeal against both the conviction and the sentence dated 23. 10. 2017 in Criminal Case No. 534 of 2017 in Siaya Law Court before Hon. J. Ongondo – PM)
RULING OF THE COURT
The Applicant herein Maurice Vincent Waka is a 28 year old convict for the offence of stealing contrary to Section 275 of the Penal Code Cap 63 Laws of Kenya. He was sentenced to serve 1 year in prison on 23/10/2017 vide Siaya PM Cr. Case No. 534/2017.
He seeks by his application in line with decongestion of Prison Policy, for revision of sentence.
However, according to the attached schedule of Prisoners/Offenders and confirmed by the Post Sentence Review Report by the Probation Officer, Siaya signed and dated 14/4/2018 by Ochieng Ogola, Probation Officer. The offender has already served sentence of one year from 23/10/2017 to 23/6/2018.
That being the case, the request for revision of sentence is overtaken by events. The request is declined.
File to be closed.
Dated, Signed and Delivered at SIAYA this 31ST day of July 2018.
R.E. ABURILI
JUDGE
In the presence of:
Mr. Okach: Prosecution Counsel for the State
Maurice Vincent Waka: Applicant in person (present)
Court Assistant: Akida and Brenda