[2023] KEHC 3252 (KLR)
The court found that the applicant, Iddi Hassan Odera, had already served the full three-year sentence imposed for the offence of stealing stock under Section 278 of the Penal Code. The Probation Officer’s Sentence Review Report confirmed that the sentence ended on 30th November 2022. As there was no longer any live...
Source-derived case information.
- Citation
- [2023] KEHC 3252 (KLR)
- Parties
- Applicant: Iddi Hassan Odera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E074 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; file closed for archiving.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Prison Decongestion, Stock Theft, Criminal Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Iddi Hassan Odera
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence has already been served, rendering the criminal revision moot.
- 2 Whether there is any outstanding issue requiring the court's intervention in light of the completed sentence.
Ratio Decidendi
The court found that the applicant, Iddi Hassan Odera, had already served the full three-year sentence imposed for the offence of stealing stock under Section 278 of the Penal Code. The Probation Officer’s Sentence Review Report confirmed that the sentence ended on 30th November 2022. As there was no longer any live issue for the court to determine, the criminal revision was rendered moot. The court accordingly ordered the file closed for archiving, as the matter had been overtaken by events.
Court Disposition
Application dismissed as moot; file closed for archiving.
Orders
- The file is closed for archiving purposes.
- Order to be extracted.
Full Case Text
Judgment text and source record
18 paragraphs
Odera v Republic (Criminal Revision E074 of 2022) [2023] KEHC 3252 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3252 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E074 of 2022
RE Aburili, J
April 13, 2023
Between
Iddi Hassan Odera
Applicant
and
Republic
Respondent
Ruling
1. This Criminal Revision file was opened on 8th July 2022 for prison decongestion arising from Maseno Senior Principal Magistrate Court Criminal Case No. 391 of 2019; Republic v Iddi Hassan Odera.
2. The Convict was sentenced to serve three (3) years imprisonment on 30th November 2020 for the offence of stealing stock contrary to Section 278 of the Penal Code. He has already served that sentence which ended on 30th November 2022 as per the Probation Officer’s Sentence Review Report filed on 22nd June 2022.
3. As the matter has been overtaken by events, this file is accordingly closed for archiving purposes. Order to be extracted. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF APRIL, 2023R. E. ABURILIJUDGE