[2023] KEHC 19979 (KLR)
The court found that the application for rescission of sentence had been overtaken by events as the applicant, Ian Nyakundi Mogire, had already completed his sentence and been released from prison. As a result, there was no longer any live issue for the court to determine, rendering the application moot. The court...
Source-derived case information.
- Citation
- [2023] KEHC 19979 (KLR)
- Parties
- Applicant: Ian Nyakundi Mogire; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E090 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application marked as closed due to mootness.
- Judges
- WA Okwany
- Legal Topics
- Prison Decongestion, Sentence Rescission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ian Nyakundi Mogire
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for rescission of sentence is moot following the applicant's release from prison.
Ratio Decidendi
The court found that the application for rescission of sentence had been overtaken by events as the applicant, Ian Nyakundi Mogire, had already completed his sentence and been released from prison. As a result, there was no longer any live issue for the court to determine, rendering the application moot. The court therefore marked the matter as closed.
Court Disposition
Application marked as closed due to mootness.
Orders
- The matter is marked as closed.
Full Case Text
Judgment text and source record
18 paragraphs
Mogire v Republic (Criminal Revision E090 of 2023) [2023] KEHC 19979 (KLR) (13 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19979 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E090 of 2023
WA Okwany, J
July 13, 2023
Between
Ian Nyakundi Mogire
Applicant
and
Republic
Respondent
Ruling
1. This matter was listed before me for rescission of sentence under the decongestion of prisons program.
2. I however note that through a letter dated July 5, 2023 the probation officer, Mr Kennedy Okemwa, indicates that the inmate herein, Ian Nyakundi Mogire was released from prison on June 16, 2023 after completing his prison sentence.
3. Consequently, I mark this matter as closed.
RULING DATED, SIGNED AND DELIVERED AT NYAMIRA VIA MICROSOFT TEAMS THIS 13TH DAY OF JULY 2023. W. A. OKWANYJUDGE