[2022] KEHC 12812 (KLR)
The court held that since the applicant had already served the thirty-day imprisonment term imposed in default of payment of the fine, the request for sentence review was overtaken by events and therefore declined. The matter was considered moot as there was no longer any sentence to review or alter.
Source-derived case information.
- Citation
- [2022] KEHC 12812 (KLR)
- Parties
- Applicant: Moreline Makline Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E036 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- Application for sentence review declined as moot; file closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Plea of Guilty, Possession of Alcoholic Drinks
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moreline Makline Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the application for sentence review is tenable after the applicant has already served the sentence imposed.
Ratio Decidendi
The court held that since the applicant had already served the thirty-day imprisonment term imposed in default of payment of the fine, the request for sentence review was overtaken by events and therefore declined. The matter was considered moot as there was no longer any sentence to review or alter.
Court Disposition
Application for sentence review declined as moot; file closed.
Orders
- The request for sentence review is declined as overtaken by events.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Onyango v Republic (Criminal Revision E036 of 2022) [2022] KEHC 12812 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12812 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E036 of 2022
RE Aburili, J
August 8, 2022
Between
Moreline Makline Onyango
Applicant
and
Republic
Respondent
(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. 262/2022 by Hon. S.W. Mathenge, Senior Resident Magistrate on 16/5/2022)
Ruling
1. The convict Moreline Makline Onyango was convicted on her own plea of guilty for the offence of being found in possession of alcoholic drinks (5 litres) and sentenced to pay a fine of Kshs 8,000/= in default, to serve thirty days imprisonment. This was on May 16, 2022 which prison term ended on June 15, 2022.
2. The request for sentence review is therefore overtaken by events. It is declined.
3. This file is closed.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022RE ABURILIJUDGE