[2025] KEHC 616 (KLR)
The court found that the applicant had already fully served the twelve-month sentence imposed for the offences of breaking into a building with intent to commit a felony, stealing, and handling stolen property. As a result, the application for revision, which was brought to decongest the prison, was rendered moot....
Source-derived case information.
- Citation
- [2025] KEHC 616 (KLR)
- Parties
- Applicant: Brian Kipchirchir Ngetich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E271 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as overtaken by events; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Breaking Into Building, Theft, Handling Stolen Property, Sentencing Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brian Kipchirchir Ngetich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant has already served the sentence imposed by the trial court.
- 2 Whether the application for revision is rendered moot by the completion of the sentence.
Ratio Decidendi
The court found that the applicant had already fully served the twelve-month sentence imposed for the offences of breaking into a building with intent to commit a felony, stealing, and handling stolen property. As a result, the application for revision, which was brought to decongest the prison, was rendered moot. The court therefore marked the file as closed, as no further orders were necessary.
Court Disposition
Application dismissed as overtaken by events; file marked as closed.
Orders
- The application is marked as closed.
Full Case Text
Judgment text and source record
26 paragraphs
Ngetich v Republic (Criminal Revision E271 of 2024) [2025] KEHC 616 (KLR) (30 January 2025) (Ruling)
Neutral citation: [2025] KEHC 616 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E271 of 2024
PN Gichohi, J
January 30, 2025
Between
Brian Kipchirchir Ngetich
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 (Brian Kipchirchir Ngetich) was charged in Molo MCCR E2499 of 2023 with the offence of;
Count I 3. Breaking into a building with intent to commit a felony contrary to Section 307 Penal Code.
4. The particulars are that on the diverse dates between 14th to 16th day of November, 2023 at Kapkondoo village in Londiani Sub – County within Kericho County, jointly with others still at large broke and entered a building namely store belonging to Gladys Tanui Cheruto with intent to still from therein.
Count II 5. Stealing contrary to Section 268 (2) (a) as read with Section 275 of the Penal Code.
6. The particulars are that on the diverse dates between 14th to 16th day of November, 2023 at Kapkondoo village in Londiani Sub – County within Kericho County, jointly with others still at large stole five bags unshelled dry maize valued at Ksh.16,000/= the property of Gladys Tanui Cheruto.
7. In the Alternative charge, handling stolen property contrary to Section 322(1)(2) of the Penal Code.
8. The particulars are that on the 16th day of November, 2023 at Kapkondoo village in Londiani Sub – County within Kericho County, otherwise than in the course of stealing dishonestly retained 21 kgs of shelled maize and 5 bags of unshelled maize knowing or having reason to believe to be stolen goods.
9. He was convicted on his own plea of guilty and was sentenced twelve (12) months 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