[2024] KEHC 3903 (KLR)
The court found that the applicants had already served their sentences in full, and therefore, there was no subsisting sentence or order for the court to revise. As a result, the application for revision was rendered moot and was marked as overtaken by events. The court closed the file, as no further judicial action...
Source-derived case information.
- Citation
- [2024] KEHC 3903 (KLR)
- Parties
- Applicant: Isaiah Ngeno; Applicant: Benard Ngetich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case 145 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application marked as overtaken by events; file closed.
- Judges
- HM Nyaga
- Legal Topics
- Sentencing Revision, Alcoholic Drinks Offences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaiah Ngeno
Applicant
Benard Ngetich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether there is any sentence left to be revised for the applicants under the prison decongestion exercise.
Ratio Decidendi
The court found that the applicants had already served their sentences in full, and therefore, there was no subsisting sentence or order for the court to revise. As a result, the application for revision was rendered moot and was marked as overtaken by events. The court closed the file, as no further judicial action was possible or necessary.
Court Disposition
Application marked as overtaken by events; file closed.
Orders
- The application is marked as overtaken by events.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Ngeno & another v Republic (Revision Case 145 of 2024) [2024] KEHC 3903 (KLR) (23 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3903 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case 145 of 2024
HM Nyaga, J
April 23, 2024
Between
Isaiah Ngeno
1st Applicant
Benard Ngetich
2nd Applicant
and
Republic
Respondent
Ruling
1. This matter has been brought to me under the Prison Decongestion Exercise been undertaken by this court.
2. The Applicants, Isaiah Ngeno and Benard Ngetich were convicted for the offence of;Manufacturing alcoholic drinks that do not conform to the requirement standard Contrary to Section 27(1) (2) as read with Section 27(4) of the Alcoholic drinks Act No. 4 of 2016. The particulars are that;On 30th day of December 2023 at Mawingu area in Kuresoi North Sub County within Nakuru County were jointly found manufacturing alcoholic drinks namely Chang’aa using Kangara to wit 300 litres, a drum and a coil.
3. They pleaded guilty and they were sentenced to;Pay a fine of Kshs. 30,000/= in default three (3) months in jail.
4. At the time of looking into the matter, I note that they have served their sentence and there is nothing left for this court to revise.
5. Consequently, the only just order which this court can make which I hereby do, is to order that the application be marked as overtaken by events. Orders accordingly. File closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 23RD DAY OF APRIL, 2024. H. M. NYAGAJUDGEIn the presence of;C/A KipsugutN/A for state