[2023] KEHC 20224 (KLR)
The court found that since the applicants, Gilbert Ondieki and Geoffrey Anyega, had already completed their prison sentences and been released as confirmed by the Probation Officer, there was no longer any live issue for determination regarding rescission of sentence. The application was therefore rendered moot and...
Source-derived case information.
- Citation
- [2023] KEHC 20224 (KLR)
- Parties
- Applicant: Gilbert Ondieki; Applicant: Geoffrey Anyega; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E092 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Matter marked as closed due to applicants' release from prison after completion of sentence.
- Judges
- WA Okwany
- Legal Topics
- Prison Decongestion, Sentence Rescission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Gilbert Ondieki
Applicant
Geoffrey Anyega
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for rescission of sentence is maintainable after the applicants have completed their sentences and been released from prison.
Ratio Decidendi
The court found that since the applicants, Gilbert Ondieki and Geoffrey Anyega, had already completed their prison sentences and been released as confirmed by the Probation Officer, there was no longer any live issue for determination regarding rescission of sentence. The application was therefore rendered moot and the matter was marked as closed.
Court Disposition
Matter marked as closed due to applicants' release from prison after completion of sentence.
Orders
- This matter is marked as closed.
Full Case Text
Judgment text and source record
20 paragraphs
Ondieki & another v Republic (Criminal Revision E092 of 2023) [2023] KEHC 20224 (KLR) (13 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20224 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E092 of 2023
WA Okwany, J
July 13, 2023
Between
Gilbert Ondieki
1st Applicant
Geoffrey Anyega
2nd Applicant
and
Republic
Respondent
Ruling
1. This matter was listed before me for rescission of sentence under the Decongestion of Prisons program.
2. I however note that through a letter dated July 5, 2023 the Probation Officer, Mr Kennedy Okemwa, indicates that the inmates herein, Gilbert Ondieki & Geoffrey Anyega were released from Prison on June 3, 2023 after completing their prison sentences.
3. Consequently, I mark this matter as closed.
RULING DATED, SIGNED AND DELIVERED AT NYAMIRA VIA MICROSOFT TEAMS THIS 13THDAY OF JULY 2023. W. A. OKWANYJUDGE