[2023] KEHC 3284 (KLR)
The court found that the application for sentence revision had been overtaken by events because the applicant had already paid the fine imposed by the trial court, and the period of imprisonment had likely lapsed. As a result, there was no longer any live issue for the court to determine regarding the sentence. The...
Source-derived case information.
- Citation
- [2023] KEHC 3284 (KLR)
- Parties
- Applicant: Dominic Owuor Obiero; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E101 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Application for sentence revision marked as closed; no further orders issued.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Assault Causing Actual Bodily Harm, Penal Code Section 251
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dominic Owuor Obiero
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant in Nyando Senior Principal Magistrate’s Court Criminal Case No 4 of 2020 should be revised.
- 2 Whether the application for sentence revision has been overtaken by events due to payment of fine and lapse of imprisonment term.
Ratio Decidendi
The court found that the application for sentence revision had been overtaken by events because the applicant had already paid the fine imposed by the trial court, and the period of imprisonment had likely lapsed. As a result, there was no longer any live issue for the court to determine regarding the sentence. The court therefore marked the file as closed and ordered its archiving, as no further action was warranted.
Court Disposition
Application for sentence revision marked as closed; no further orders issued.
Orders
- This file is hereby marked as closed for archiving.
- Lower court file to be returned.
Full Case Text
Judgment text and source record
22 paragraphs
Obiero v Republic (Criminal Revision E101 of 2021) [2023] KEHC 3284 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3284 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E101 of 2021
RE Aburili, J
April 13, 2023
Between
Dominic Owuor Obiero
Applicant
and
Republic
Respondent
Ruling
1. This Criminal Revision matter was initiated on December 14, 2021 for purposes of Sentence Revision in Nyando Senior Principal Magistrate’s Court Criminal Case No 4 of 2020 Republic vs Dominic Owuor Obiero who was fined Kshs 10,000/= in default to serve one (1) year imprisonment for the offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code, on October 5, 2021.
2. The file was availed to this court for prison decongestion during Covid 19 period. However, there is no evidence of any action on the file upon its opening.
3. As at now, the Convict could have already served the one (1) year imprisonment. nonetheless, the trial court record shows that on November 9, 2021, the Convict paid a fine of Kshs 9,014/=.
4. For the above reason, I find that the sentence revision has been overtaken by events.
5. Accordingly, this file is hereby marked as closed for archiving. Lower court file to be returned.
6. Order to be extracted.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF APRIL, 2023R. E. ABURILIJUDGE