[2023] KEHC 23872 (KLR)
The court found that the applicant, Alfred Obila Oyugi, had already completed serving his nine-month sentence for stealing by agent by the date of the ruling. As a result, the application for sentence review was overtaken by events and there was no practical relief the court could grant. The file was accordingly...
Source-derived case information.
- Citation
- [2023] KEHC 23872 (KLR)
- Parties
- Applicant: Alfred Obila Oyugi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E073 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for sentence review dismissed as moot; file closed.
- Judges
- RE Aburili
- Legal Topics
- Stealing by Agent, Sentencing Review, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Obila Oyugi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be reviewed given that he has already completed serving the sentence.
- 2 Whether the application for revision is overtaken by events.
Ratio Decidendi
The court found that the applicant, Alfred Obila Oyugi, had already completed serving his nine-month sentence for stealing by agent by the date of the ruling. As a result, the application for sentence review was overtaken by events and there was no practical relief the court could grant. The file was accordingly closed.
Court Disposition
Application for sentence review dismissed as moot; file closed.
Orders
- The file is hereby closed.
Full Case Text
Judgment text and source record
24 paragraphs
Oyugi v Republic (Criminal Revision E073 of 2023) [2023] KEHC 23872 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23872 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E073 of 2023
RE Aburili, J
October 6, 2023
Between
Alfred Obila Oyugi
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Chief Magistrate Criminal Case No. E143 of 2023 at Kisumu)
Ruling
1. Alfred Obila Oyugi was convicted vide Kisumu Chief Magistrate Criminal Case No. E143 of 2023 and sentenced to serve nine (9) months imprisonment for the offence of stealing by agent contrary to section 268(1) as red with section 283(b) of the Penal Code.
2. He stole from Modern Hearse Self Help Group Kshs.357,605 in his capacity as the treasurer of the group.
3. He unequivocally pleaded guilty to the charge and in mitigation, he stated that he intended to pay and was ready to repay in instalments.
4. He was in remand custody for one (1) month prior to sentencing on April 5, 2023 and now he has served six (6) months making it seven (7) months.
5. He had three (3) months to complete the term as at the time of interview by the Probation Officer.
6. The Convict completed his sentence on October 5, 2023 hence the sentence review is overtaken by events.
7. This file is hereby closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE