[2025] KEHC 602 (KLR)
The court found that since the applicant had already fully served the sentence imposed for the offences of house breaking, stealing from a dwelling house, and handling stolen goods, the application for revision had been overtaken by events. There was no longer any live issue for the court to determine, and no...
Source-derived case information.
- Citation
- [2025] KEHC 602 (KLR)
- Parties
- Applicant: Peter Kariuki Ndungu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E270 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- House Breaking, Stealing From Dwelling, Handling Stolen Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kariuki Ndungu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to revision of sentence after fully serving the term of imprisonment.
- 2 Whether the application for revision has been overtaken by events.
Ratio Decidendi
The court found that since the applicant had already fully served the sentence imposed for the offences of house breaking, stealing from a dwelling house, and handling stolen goods, the application for revision had been overtaken by events. There was no longer any live issue for the court to determine, and no practical relief could be granted. Accordingly, the file was marked as closed.
Court Disposition
Application dismissed as moot; file marked as closed.
Orders
- The application for revision is dismissed as overtaken by events.
- The file is marked as closed.
Full Case Text
Judgment text and source record
26 paragraphs
Ndungu v Republic (Criminal Revision E270 of 2024) [2025] KEHC 602 (KLR) (30 January 2025) (Ruling)
Neutral citation: [2025] KEHC 602 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E270 of 2024
PN Gichohi, J
January 30, 2025
Between
Peter Kariuki Ndungu
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 (Peter Kariuki Ndungu) was charged in Molo MCCR E259 of 2024 with the offence of;
Count I 3. House Breaking contrary to Section 304 (1) (b) of the Penal Code.
4. The particulars are that on the 28th day of January, 2024 at Tayari area, in Molo Sub-County within Nakuru County, broke and entered a dwelling house with intent to commit a felony namely theft.
Count II 5. Stealing from a dwelling house contrary to Section 279 (b) of the Penal Code.
6. The particulars are that on the 28th day of January, 2024 at Tayari area, in Molo Sub-County within Nakuru County, stole five bags of dried maize worth and assorted foodstuff all valued at Ksh.50,000/= the property of one Dorcus Wambui.
Count III 7. Handling stolen goods contrary to Section 322 (1) (2) of the Penal Code.
8. The particulars are that on the 28th day of January, 2024 at Tayari area, in Molo Sub-County within Nakuru County, otherwise than in the cause of stealing, dishonestly retained 10 kgs of dried maize packed in a white sack having reasons to believe them to be stolen property.
9. He pleaded guilty and was sentenced one (1) year imprisonment.
10. The Sentence Review Report by the Probation officer, Molo dated 16th December, 2024 has now confirmed that the Applicant has fully served his sentence.
11. In the circumstances the application has been overtaken by events and file marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 30TH DAY OF JANUARY, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Ms Emma Okok for RespondentRuto - Court Assistant