[2022] KEHC 12828 (KLR)
The court found that since the applicant, Emily Adhiambo Onyango, had already served the three months imprisonment imposed in default of payment of the fine, the request for sentence review was rendered moot and could not be entertained. The court emphasized that judicial time should not be expended on academic...
Source-derived case information.
- Citation
- [2022] KEHC 12828 (KLR)
- Parties
- Applicant: Emily Adhiambo Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E037 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- Application for sentence review declined; file closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Plea of Guilty, Conviction, Imprisonment, Fine, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emily Adhiambo 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 where the applicant has already served the sentence imposed by the trial court.
Ratio Decidendi
The court found that since the applicant, Emily Adhiambo Onyango, had already served the three months imprisonment imposed in default of payment of the fine, the request for sentence review was rendered moot and could not be entertained. The court emphasized that judicial time should not be expended on academic issues where no practical relief can be granted. Accordingly, the application for sentence review was declined and the file closed.
Court Disposition
Application for sentence review declined; file closed.
Orders
- The request for sentence review is declined.
- The file is hereby closed.
Full Case Text
Judgment text and source record
19 paragraphs
Onyango v Republic (Criminal Revision E037 of 2022) [2022] KEHC 12828 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12828 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E037 of 2022
RE Aburili, J
August 8, 2022
Between
Emily Adhiambo Onyango
Applicant
and
Republic
Respondent
(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. E170/2022 by Hon. J.P. Nandi, Principal Magistrate on 31/3/2022)
Ruling
1. The convict Emily Adhiambo Onyango was convicted on her own Plea of guilty and sentenced to pay a fine of Kshs, 20,000/= and in default, to serve 3 months imprisonment. This was on 31/3/2022. The convict has already served the sentence hence the request for sentence review is overtaken by events as the three (3) months imprisonment lapsed on 29/6/2022.
2. For the above reasons, this request for sentence review is declined and the file is hereby closed.
3. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE