[2024] KEHC 5046 (KLR)
The court held that since the applicant had already paid a prorated portion of the fine and had been released from custody, the request for sentence review was overtaken by events and was therefore spent. There was no longer a live controversy for the court to determine, and as such, the file was marked as closed.
Source-derived case information.
- Citation
- [2024] KEHC 5046 (KLR)
- Parties
- Applicant: David Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E066 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for sentence review dismissed as spent; file closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Fine Payment, Imprisonment in Default, Criminal Revision Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the request for sentence review remains justiciable after the applicant paid part of the fine and was released from custody.
Ratio Decidendi
The court held that since the applicant had already paid a prorated portion of the fine and had been released from custody, the request for sentence review was overtaken by events and was therefore spent. There was no longer a live controversy for the court to determine, and as such, the file was marked as closed.
Court Disposition
Application for sentence review dismissed as spent; file closed.
Orders
- The request for review of sentence is declared spent and the file is marked as closed.
- The lower court file Kisumu CMCRC No. 368 of 2023 is to be returned to that court forthwith with a copy of this ruling.
Full Case Text
Judgment text and source record
20 paragraphs
Onyango v Republic (Criminal Revision E066 of 2024) [2024] KEHC 5046 (KLR) (7 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5046 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E066 of 2024
RE Aburili, J
May 7, 2024
Between
David Onyango
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Chief Magistrate’s Court Criminal Case No. E368 of 2023 at Kisumu)
Ruling
1. This Court received a request for Sentence Review as the convict David Onyango had been fined a sum of Kshs.30,000 in default to serve one (1) year imprisonment vide Kisumu Chief Magistrate Criminal Case No. E368 of 2023 on 19th October 2023, for the offence of .He never appealed.
2. However, the prisons have written to court vide their letter dated 7th May 2024 indicating that the inmate has since paid a fine of Kshs.13,727 prorated and was released on 3rd May 2024 hence he is no longer in their custody at Kisumu Medium Prison. That being the case, the request for review of sentence has been overtaken by events. It is therefore spent and this file is marked as closed.
3. The lower court file Kisumu CMCRC No. 368 of 2023 is hereby ordered to be returned to that Court forthwith with a copy of this Ruling duly typed.
4. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 7TH DAY OF MAY, 2024R. E. ABURILIJUDGE