[2025] KEHC 614 (KLR)
The court found that the applicant had already fully served his sentence and had been released from prison prior to the hearing of the revision application. As a result, the application for revision was rendered moot and there was no longer any live issue for the court to determine. The court therefore marked the...
Source-derived case information.
- Citation
- [2025] KEHC 614 (KLR)
- Parties
- Applicant: John Mwangi Njuguna; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E292 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as overtaken by events; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Alcoholic Drinks Control, Possession of Illicit Alcohol, Manufacture of Illicit Alcohol, Trespass, Sentencing Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mwangi Njuguna
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's continued detention is lawful given he has fully served his sentence.
- 2 Whether the application for revision is moot due to the applicant's release from prison.
Ratio Decidendi
The court found that the applicant had already fully served his sentence and had been released from prison prior to the hearing of the revision application. As a result, the application for revision was rendered moot and there was no longer any live issue for the court to determine. The court therefore marked the file as closed, as the relief sought was no longer available or necessary.
Court Disposition
Application dismissed as overtaken by events; 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
23 paragraphs
Njuguna v Republic (Criminal Revision E292 of 2024) [2025] KEHC 614 (KLR) (30 January 2025) (Ruling)
Neutral citation: [2025] KEHC 614 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E292 of 2024
PN Gichohi, J
January 30, 2025
Between
John Mwangi Njuguna
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 (John Mwangi Njuguna) was charged in Molo MCCR E834 of 2024 with the offence of;Count IBeing in possession of alcoholic Drink that does not conform to the requirements of Section 27 (1) (b) and Section 27 (4) of the Alcoholic Drink Control Act Cap 121 (A) No. 4 of 2010.
3. The particulars are that on the 29th day of March, 2024, at Kandutura village of Visoi Location in Rongai Sub-County within Nakuru County, was found in possession of alcoholic drink namely Chang’aa in his house which is unlicensed premise to wit 10 litres that is not packed in glass or pet bottles or metallic which was not licensed to possess and does not conform to the requirements of the above said Act.Count IIManufacturing Alcoholic Drinks contrary to Section 7(1) (a) as read with Section 62 of Alcoholic Drinks Control Act No. 4 of 2010.
4. The particulars are that on the 29th day of March, 2024, at Esageri Forest, Kandutura village of Visoi Location in Rongai Sub-County within Nakuru County, was found manufacturing alcoholic drink namely Chang’aa using metallic drum and one homemade coil which contravenes Alcoholic Drinks Act No. 4 of 2010. Count IIITrespass upon private land contrary to Section 3(1) as read with Section 3(11) of the Trespass Act Cap 294 Laws of Kenya.
5. The particulars are that on the 29th day of March, 2024, at Esageri Forest, Kandutura village of Visoi Location in Rongai Sub-County within Nakuru County, unlawfully entered Esageri Forest without permit from the Director of Kenya Forest Service which contravenes the said Act.
6. He pleaded guilty and was sentenced to pay a fine of Ksh.15,000/= in default three (3) months imprisonment on count I. On Count III he was sentenced to pay a fine of Ksh.20,000/= in default two (2) months imprisonment.
7. The Sentence Review Report by the Probation officer, Molo filed on 16th December, 2024 found the Applicant has fully served his sentence and was released from prison on 23rd August, 2024.
8. In the circumstances the application has been overtaken by events and file marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 30THDAY OF JANUARY, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Ms Emma Okok for RespondentRuto - Court Assistant