[2023] KEHC 23930 (KLR)
The court found that since the applicant, Daniel Ochieng Mitemo, had already completed serving the six-month prison sentence by the time the revision application was considered, the application for revision had been overtaken by events. As there was no longer a live issue for determination, the court declined to...
Source-derived case information.
- Citation
- [2023] KEHC 23930 (KLR)
- Parties
- Applicant: Daniel Ochieng Mitemo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E037 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; file closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Completion, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Ochieng Mitemo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for revision of sentence is maintainable after the applicant has already served the full term of imprisonment.
Ratio Decidendi
The court found that since the applicant, Daniel Ochieng Mitemo, had already completed serving the six-month prison sentence by the time the revision application was considered, the application for revision had been overtaken by events. As there was no longer a live issue for determination, the court declined to entertain the revision and ordered the file closed.
Court Disposition
Application dismissed as moot; file closed.
Orders
- This file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Mitemo v Republic (Criminal Revision E037 of 2023) [2023] KEHC 23930 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23930 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E037 of 2023
RE Aburili, J
October 6, 2023
Between
Daniel Ochieng Mitemo
Applicant
and
Republic
Respondent
((From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. E118 of 2023 at Tamu)
Ruling
1. As the convict Daniel Ochieng Mitemo has already completed the six (6) months prison term from April 17, 2013 and was due for release on August 17, 2023, this sentence review Revision has been overtaken by events.
2. This file is closed.
3. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE