[2023] KEHC 3423 (KLR)
The court found that since the applicant had already served the full term of imprisonment imposed by the trial court and the sentence had expired prior to the determination of the revision application, the matter had been overtaken by events. As such, there was no longer a live issue for the court to determine,...
Source-derived case information.
- Citation
- [2023] KEHC 3423 (KLR)
- Parties
- Applicant: John Michael Agai Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E068 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application marked as closed; no substantive orders issued as the matter was overtaken by events.
- Judges
- RE Aburili
- Legal Topics
- Stealing Offence, Sentencing, Criminal Revision, Penal Code Section 279
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Michael Agai Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the criminal revision application remains justiciable after the applicant has served the sentence imposed for stealing.
Ratio Decidendi
The court found that since the applicant had already served the full term of imprisonment imposed by the trial court and the sentence had expired prior to the determination of the revision application, the matter had been overtaken by events. As such, there was no longer a live issue for the court to determine, rendering the application moot. The court therefore marked the file as closed for archiving.
Court Disposition
Application marked as closed; no substantive orders issued as the matter was overtaken by events.
Orders
- The file is marked as closed for archiving.
- Order to be extracted.
Full Case Text
Judgment text and source record
20 paragraphs
Ochieng v Republic (Criminal Revision E068 of 2022) [2023] KEHC 3423 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3423 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E068 of 2022
RE Aburili, J
April 13, 2023
Between
John Michael Agai Ochieng
Applicant
and
Republic
Respondent
Ruling
1. This Criminal Revision file was initiated on July 8, 2022 arising from conviction and sentence at Winam in Senior Principal Magistrate’s Court Criminal Case No E992 of 2021 wherein the Accused/Convict John Michael Agai Ochieng was convicted and sentenced to serve one (1) year imprisonment on May 19, 2022, for the offence of stealing contrary to Section 279 of the Penal Code.
2. From the Probation Officer’s Report dated June 28, 2022, the one (1) year imprisonment sentence term imposed was to expire on January 19, 2023 which is long gone.
3. Accordingly, this matter has been overtaken by events.
4. The file is hereby marked as closed for archiving.
5. Order to be extracted. I so order.
Dated, Signed and Delivered at Kisumu this April 13, 2023R. E. ABURILIJUDGE