[2023] KEHC 20316 (KLR)
The court found that the application for rescission of sentence was rendered moot because the applicant, Mike Wamalwa Moseti, had already been released from prison after completing his sentence. As there was no longer any sentence to rescind, the court marked the matter as closed.
Source-derived case information.
- Citation
- [2023] KEHC 20316 (KLR)
- Parties
- Applicant: Mike Wamalwa Moseti; Applicant: Jason Monari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E059 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
Mike Wamalwa Moseti
Applicant
Jason Monari
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for rescission of sentence is moot following the release of the inmate from prison.
Ratio Decidendi
The court found that the application for rescission of sentence was rendered moot because the applicant, Mike Wamalwa Moseti, had already been released from prison after completing his sentence. As there was no longer any sentence to rescind, the court 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
20 paragraphs
Moseti & another v Republic (Criminal Revision E059 of 2023) [2023] KEHC 20316 (KLR) (13 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20316 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E059 of 2023
WA Okwany, J
July 13, 2023
Between
Mike Wamalwa Moseti
1st Applicant
Jason Monari
2nd 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, Mike Wamalwa Moseti was released from Prison on June 4, 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