[2023] KEHC 17904 (KLR)
The court found that since the charge against the applicant was withdrawn under Section 87(a) of the Criminal Procedure Code, there was no sentence or order capable of being revised. Consequently, the application for revision was rendered moot and the file was closed.
Source-derived case information.
- Citation
- [2023] KEHC 17904 (KLR)
- Parties
- Applicant: Roy Ateng Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E183 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; file closed.
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sexual Offences Act, Withdrawal of Charges, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Roy Ateng Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether there is a sentence capable of being reviewed following the withdrawal of charges under Section 87(a) of the Criminal Procedure Code.
Ratio Decidendi
The court found that since the charge against the applicant was withdrawn under Section 87(a) of the Criminal Procedure Code, there was no sentence or order capable of being revised. Consequently, the application for revision was rendered moot and the file was closed.
Court Disposition
Application dismissed as moot; file closed.
Orders
- There is no sentence to be reviewed.
- This file is hereby closed.
Full Case Text
Judgment text and source record
19 paragraphs
Ochieng v Republic (Criminal Revision E183 of 2022) [2023] KEHC 17904 (KLR) (27 April 2023) (Ruling)
Neutral citation: [2023] KEHC 17904 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E183 of 2022
RE Aburili, J
April 27, 2023
Between
Roy Ateng Ochieng
Applicant
and
Republic
Respondent
Ruling
1. Roy Ateng Ochieng was charged with the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act. He pleaded not guilty.
2. The trial court record availed from Winam Senior Principal Magistrate’s Court Sexual Offences Case No. 3 of 2020 shows that on 20th May 2021, the charge was withdrawn under Section 87(a) of theCriminal Procedure Code.
3. Accordingly, there is no sentence to be reviewed.
4. This file is hereby closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27THDAY OF APRIL, 2023R. E. ABURILIJUDGE