[2023] KEHC 3255 (KLR)
The court held that since the applicant had already served the four-month imprisonment term imposed by the trial court, the criminal revision application was overtaken by events and no further orders could be made. The file was accordingly marked as closed for archiving, as there was no longer any live issue for...
Source-derived case information.
- Citation
- [2023] KEHC 3255 (KLR)
- Parties
- Applicant: Kevin Mboya Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E111 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application marked as closed; no orders granted as sentence already served.
- Judges
- RE Aburili
- Legal Topics
- Criminal Revision, Plea of Guilty, Alcoholic Drinks Control, Sentence Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Mboya Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the criminal revision application is maintainable after the applicant has already served the sentence imposed.
- 2 Whether any further orders can be made in a matter where the sentence has been fully served.
Ratio Decidendi
The court held that since the applicant had already served the four-month imprisonment term imposed by the trial court, the criminal revision application was overtaken by events and no further orders could be made. The file was accordingly marked as closed for archiving, as there was no longer any live issue for determination.
Court Disposition
Application marked as closed; no orders granted as sentence already served.
Orders
- This file is accordingly marked as closed for archiving.
- Order to be extracted.
Full Case Text
Judgment text and source record
23 paragraphs
Ochieng v Republic (Criminal Revision E111 of 2021) [2023] KEHC 3255 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3255 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E111 of 2021
RE Aburili, J
April 13, 2023
Between
Kevin Mboya Ochieng
Applicant
and
Republic
Respondent
Ruling
1. This Criminal Revision matter was initiated on December 14, 2021. It arises from Nyando Senior Principal Magistrate’s Court Criminal Case No E1019 of 2021Republic vs Kevin Mboya Ochieng.
2. In the said matter, the accused now convict was sentenced to serve four (4) months imprisonment on September 17, 2021 for the offence of being in possession of alcoholic drinks that does not conform to the requirements of the Act contrary to Section 27 (1) as read with Section 27 (4) of the Alcoholic Drinks Control Act No 4 of 2010.
3. He was convicted on his own plea of guilty.
4. However, the revision file herein was not acted upon.
5. That being the case, the matter is overtaken by events as the convict has already served the four (4) months imprisonment term.
6. This file is accordingly marked as closed for archiving.
7. Order to be extracted.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF APRIL, 2023R. E. ABURILIJUDGE