[2023] KEHC 19611 (KLR)
The court found that the applicants had been convicted on their own plea of guilty for the offence of stock theft under section 278 of the Penal Code and sentenced accordingly. The applicants had completed their sentences and had been released from prison as evidenced by the letter from the County Probation...
Source-derived case information.
- Citation
- [2023] KEHC 19611 (KLR)
- Parties
- Applicant: Dickson Mugambi; Applicant: Nyandika Ainda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E034 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Revision file closed as applicants had served their sentences.
- Judges
- WA Okwany
- Legal Topics
- Stock Theft, Plea of Guilty, Sentencing, Compensation Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dickson Mugambi
Applicant
Nyandika Ainda
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicants' conviction and sentence for stock theft were proper and lawful.
- 2 Whether the applicants had served their sentences and the revision file should be closed.
Ratio Decidendi
The court found that the applicants had been convicted on their own plea of guilty for the offence of stock theft under section 278 of the Penal Code and sentenced accordingly. The applicants had completed their sentences and had been released from prison as evidenced by the letter from the County Probation Director. There was therefore no further issue for determination in the revision application, and the court directed that the revision file be closed.
Court Disposition
Revision file closed as applicants had served their sentences.
Orders
- The revision file is hereby closed.
Full Case Text
Judgment text and source record
20 paragraphs
Mugambi & another v Republic (Criminal Revision E034 of 2023) [2023] KEHC 19611 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19611 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E034 of 2023
WA Okwany, J
June 29, 2023
Between
Dickson Mugambi
1st Applicant
Nyandika Ainda
2nd Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E1173 of 2022 by Hon. B. Okong’o, Resident Magistrate on 14th February 2023)
Ruling
1. The Applicants were convicted on their own plea of guilty for the offence of stealing stock contrary to section 278 of the Penal Code. The trial court sentenced each of them to pay a fine of Kshs 1,000/= and compensate the Complainant in the sum of Kshs 5,000/= or in default, to serve 6 months imprisonment. The letter by Kennedy Okemwa the County Probation Director dated June 15, 2023 indicates that the Applicants were released from Kisii GK Prison on June 16, 2023 after completing their prison sentences. It is hereby directed that this Revision file be closed.
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE