[2024] KEHC 9444 (KLR)
The court found that the applicant had already served the sentence imposed for the offence of stealing, as confirmed by the Probation Officer's Sentence Review Report. Consequently, the application for revision was rendered moot and there was no longer any live issue for the court to determine. The file was...
Source-derived case information.
- Citation
- [2024] KEHC 9444 (KLR)
- Parties
- Applicant: Joseph Ngige Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E182 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Stealing Offence, Sentencing Review, Penal Code Section 268, Penal Code Section 275
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph Ngige Mwangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant has served the sentence imposed for the offence of stealing.
- 2 Whether the application for revision is rendered moot by the applicant having served the sentence.
Ratio Decidendi
The court found that the applicant had already served the sentence imposed for the offence of stealing, as confirmed by the Probation Officer's Sentence Review Report. Consequently, the application for revision was rendered moot and there was no longer any live issue for the court to determine. The file was therefore marked as closed.
Court Disposition
Application dismissed as moot; file marked as closed.
Orders
- The application for revision is dismissed as it has been overtaken by events.
- The file is marked as closed.
Full Case Text
Judgment text and source record
21 paragraphs
Mwangi v Republic (Criminal Revision E182 of 2024) [2024] KEHC 9444 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9444 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E182 of 2024
PN Gichohi, J
July 23, 2024
Between
Joseph Ngige Mwangi
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.
2. The Applicant (Joseph Ngige Mwangi) was charged in Molo MCCR E2540 of 2023 with the offence of Stealing contrary to Section 268 as read with Section 275 of the Penal Code.
3. The particulars are that on the 18th Day of November, 2023 at Salgaa trading centre, in Rongai Sub County within Nakuru County, stole 26 long trousers valued at Ksh.15,600/= the property of Samuel Njoroge.
4. He pleaded guilty and was sentenced to pay a fine of Ksh.20,000/= in default six (6) months imprisonment.
5. The Sentence Review Report by the Probation officer has now confirmed that the Applicant has since served the sentence.
6. In the circumstances the application has been overtaken by events and file marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 23TH DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentProbation officerRuto - Court Assistant