[2023] KEHC 23866 (KLR)
The court found that since the applicant had already served the entirety of his sentence before the review could be considered, the application for revision was rendered moot and no effective relief could be granted. The matter was therefore overtaken by events, and the file was ordered closed.
Source-derived case information.
- Citation
- [2023] KEHC 23866 (KLR)
- Parties
- Applicant: Elly Oyoo Okumu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E087 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; file closed.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Remission of Sentence, Destruction of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elly Oyoo Okumu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence could be reviewed after it had already been fully served.
- 2 Whether the application for revision was overtaken by events due to completion of sentence.
Ratio Decidendi
The court found that since the applicant had already served the entirety of his sentence before the review could be considered, the application for revision was rendered moot and no effective relief could be granted. The matter was therefore overtaken by events, and the file was ordered closed.
Court Disposition
Application dismissed as moot; file closed.
Orders
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Okumu v Republic (Criminal Revision E087 of 2023) [2023] KEHC 23866 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23866 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E087 of 2023
RE Aburili, J
October 6, 2023
Between
Elly Oyoo Okumu
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. E032 of 2023 at Maseno)
Ruling
1. The convict Elly Oyoo Okumu was sentenced to serve one (1) year imprisonment on January 7, 2023 and was expected to complete sentence on September 26, 2023 with remission, in Maseno SPM Criminal Case No. E032 of 2023 for the offence of destroying cultivated free crops produce contrary to section 334(a) of the Penal Code.
2. As he has already served sentence before review of the same, this matter is overtaking by events.
3. This file is closed.
4. I so order.
Dated, Signed and Delivered at Kisumu this 6th Day of October, 2023R. E. ABURILIJUDGE