[2023] KEHC 23929 (KLR)
The court found that the applicant had already served the full sentence of one year imprisonment by the time the application for sentence revision was considered. As a result, there was no live issue for the court to determine, and the application for revision was overtaken by events. The court therefore declined to...
Source-derived case information.
- Citation
- [2023] KEHC 23929 (KLR)
- Parties
- Applicant: Moses Atendi Ooko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E032 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for sentence revision dismissed as moot; file closed.
- Judges
- RE Aburili
- Legal Topics
- Stealing, Sentence Review, Handling Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Atendi Ooko
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for the offence of stealing should be revised.
- 2 Whether the application for sentence revision is moot given that the applicant has served the full sentence.
Ratio Decidendi
The court found that the applicant had already served the full sentence of one year imprisonment by the time the application for sentence revision was considered. As a result, there was no live issue for the court to determine, and the application for revision was overtaken by events. The court therefore declined to consider the merits of the application and ordered the file closed.
Court Disposition
Application for sentence revision dismissed as moot; file closed.
Orders
- The application for sentence revision is overtaken by events and is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Ooko v Republic (Criminal Revision E032 of 2023) [2023] KEHC 23929 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23929 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E032 of 2023
RE Aburili, J
October 6, 2023
Between
Moses Atendi Ooko
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. E024 of 2023 at Maseno)
Ruling
1. Moses Atendi Ooko is a convict vide Maseno SPM Criminal Case No. E024 of 2023 for the offence of stealing contrary to Section 268 as read with Section 275 of the Penal Code. He also faced the alternative charge of handling stolen property.
2. He pleaded guilty to the charge when he took plea on 11th January 2023. He was sentenced to serve one (1) year imprisonment.
3. As at the time of the Sentence Review herein, the Convict has served the whole sentence and was due for release on 19th September 2023 hence the sentence revision is overtaken by events.
4. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE