[2023] KEHC 23873 (KLR)
The court found that since the applicant had already served the entire sentence imposed by the trial court, the application for revision was overtaken by events. There was no longer any live issue for the court to determine, and as such, the file was ordered closed. The court emphasized that it cannot grant orders...
Source-derived case information.
- Citation
- [2023] KEHC 23873 (KLR)
- Parties
- Applicant: Chrispine Opiyo Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E067 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as overtaken by events; file closed.
- Judges
- RE Aburili
- Legal Topics
- Threats to Kill, Sentencing, Criminal Revision, Penal Code Section 233
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chrispine Opiyo Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the criminal revision application is maintainable after the applicant has served the full sentence imposed.
- 2 Whether any substantive orders can be made when the sentence has already been completed.
Ratio Decidendi
The court found that since the applicant had already served the entire sentence imposed by the trial court, the application for revision was overtaken by events. There was no longer any live issue for the court to determine, and as such, the file was ordered closed. The court emphasized that it cannot grant orders in a criminal revision where the sentence has already been completed and the applicant is no longer in custody or serving the sentence challenged.
Court Disposition
Application dismissed as overtaken by events; file closed.
Orders
- The file is hereby closed.
Full Case Text
Judgment text and source record
20 paragraphs
Otieno v Republic (Criminal Revision E067 of 2023) [2023] KEHC 23873 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23873 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E067 of 2023
RE Aburili, J
October 6, 2023
Between
Chrispine Opiyo Otieno
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Chief Magistrate Criminal Case No. E179 of 2023 at Kisumu)
Ruling
1. The Convict Chrispine Opiyo Otieno is 24 years old. He is serving five (5) months imprisonment imposed on May 16, 2023 vide Kisumu Chief Magistrate Criminal Case No. 179 of 2023 for the offence of threatening to kill contrary to section 233(1) of the Penal Code.
2. He has now completed the said sentence which ended on August 26, 2023 a few days following the Probation Report.
3. As the convict has already served the short sentence imposed, this Revision is overtaken by events.
4. The file is hereby closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE