[2023] KEHC 3748 (KLR)
The court held that since the applicant had already completed serving his sentence by the time the application for revision was considered, there was no subsisting sentence or order for the court to revise. The application for revision was therefore overtaken by events and could not be entertained. The court...
Source-derived case information.
- Citation
- [2023] KEHC 3748 (KLR)
- Parties
- Applicant: Peter Omondi Ogutu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E557 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as overtaken by events.
- Judges
- HM Nyaga
- Legal Topics
- Stealing Offence, Plea of Guilty, Sentencing, Criminal Revision, Penal Code Section 275
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Omondi Ogutu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the court can revise a sentence that has already been fully served.
- 2 Whether the application for revision is rendered moot by completion of sentence.
Ratio Decidendi
The court held that since the applicant had already completed serving his sentence by the time the application for revision was considered, there was no subsisting sentence or order for the court to revise. The application for revision was therefore overtaken by events and could not be entertained. The court accordingly ordered that the application was moot and closed the file.
Court Disposition
Application dismissed as overtaken by events.
Orders
- The application for revision is overtaken by events and is hereby dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Ogutu v Republic (Criminal Revision E557 of 2022) [2023] KEHC 3748 (KLR) (27 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3748 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E557 of 2022
HM Nyaga, J
April 27, 2023
Between
Peter Omondi Ogutu
Applicant
and
Republic
Respondent
Ruling
1. The Applicant, Peter Omondi Ogutu was convicted on his own plea of guilty for the offence of Stealing contrary to Section 268 as read with section 275 of the Penal Code.
2. On September 19, 2022 he was sentenced to serve 6 months’ imprisonment.
3. The Order before this Court is for revision.
4. The Applicant finished serving his sentence on or about March 19, 2023. Having finished serving the sentence imposed by the trial court, there is nothing for this court to revise.
5. Consequently, the only just order which this court can make which I hereby do, is to order that the application is overtaken by events. Orders accordingly.
6. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 27TH APRIL, 2023. H M NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant N/A