[2023] KEHC 3746 (KLR)
The court found that since the applicant had already completed serving the five-month sentence imposed upon his conviction for house breaking and stealing, there was no effective relief that could be granted through the revision application. The application was therefore rendered moot and was marked as overtaken by...
Source-derived case information.
- Citation
- [2023] KEHC 3746 (KLR)
- Parties
- Applicant: Samuel Ndegwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E512 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application marked as overtaken by events; no further orders issued.
- Judges
- HM Nyaga
- Legal Topics
- House Breaking, Stealing, Plea of Guilty, Sentence Completion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ndegwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the court can grant any effective relief after the applicant has completed serving the sentence imposed upon conviction.
- 2 Whether the application for revision is rendered moot by the completion of the sentence.
Ratio Decidendi
The court found that since the applicant had already completed serving the five-month sentence imposed upon his conviction for house breaking and stealing, there was no effective relief that could be granted through the revision application. The application was therefore rendered moot and was marked as overtaken by events. The court accordingly declined to make any further orders on the merits of the application.
Court Disposition
Application marked as overtaken by events; no further orders issued.
Orders
- The application is marked as overtaken by events and is accordingly dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
Ndegwa v Republic (Criminal Revision E512 of 2022) [2023] KEHC 3746 (KLR) (27 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3746 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E512 of 2022
HM Nyaga, J
April 27, 2023
Between
Samuel Ndegwa
Applicant
and
Republic
Respondent
Ruling
1. The Applicant, Samuel Ndegwa was convicted on his own plea of guilty for the offence of House Breaking contrary to Section 304 (1)(b) and Stealing contrary to Section 279(b) of thePenal Code.
2. The Particulars of the offence was that on 5th October,2022 at Kirima Area in Nakuru North Sub- County within Nakuru County, he broke and entered the dwelling house of Peterson Milambo and did steal from there one Television set make Vitron Valued Ksh. 25,000/=, 6kg total cylinder gas and two beds sheets all valued at Ksh. 28,000/= the property of Peterson Milambo.
3. He was sentenced to serve 5 months’ imprisonment on 13th October,2022.
4. He completed his sentence on or about 13th March,2023.
5. Consequently, the only just order which this court can make which I hereby do, is to order that the application has been overtaken by events and is marked as such. Orders accordingly.
DATED, SIGNED & DELIVERED AT NAKURU THIS 27THAPRIL, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant- N/A