[2021] KEHC 3160 (KLR)
The court found that since the appellants had already served the entirety of their sentences by the time the appeal was considered, the appeal against sentence was rendered moot. There was no practical relief that could be granted, and the matter was thus deemed withdrawn. The files were ordered closed, as the court...
Source-derived case information.
- Citation
- [2021] KEHC 3160 (KLR)
- Parties
- Appellant: Paul Mayunga; Appellant: Kija Luhenya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 13 & 14 of 2020
- Procedural Posture
- Criminal Appeal / Order on Appeal Withdrawal
- Outcome
- Appeals deemed withdrawn as sentences already served; files ordered closed.
- Judges
- DW Mbuteti
- Legal Topics
- Immigration Offences, Unlawful Presence, Plea of Guilty, Sentencing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Mayunga
Appellant
Kija Luhenya
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Order on Appeal Withdrawal
Legal Issues
- 1 Whether the sentence of 12 months imprisonment for unlawful presence in Kenya was appropriate.
- 2 Whether the appeal against sentence could be determined after the appellants had served their sentences.
Ratio Decidendi
The court found that since the appellants had already served the entirety of their sentences by the time the appeal was considered, the appeal against sentence was rendered moot. There was no practical relief that could be granted, and the matter was thus deemed withdrawn. The files were ordered closed, as the court could not grant any effective remedy after the completion of the sentence.
Court Disposition
Appeals deemed withdrawn as sentences already served; files ordered closed.
Orders
- The appeals are hereby deemed withdrawn and are so marked.
- The files to be closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL APPEALS NOS 13 & 14 OF 2020
(CONSOLIDATED)
1. PAUL MAYUNGA
2. KIJA LUHENYA..................................................................APPELLANTS
VERSUS
REPUBLIC............................................................................RESPONDENT
(Appeal from original Sentence in Nanyuki CM Criminal Case No 959 of 2019 – Njeri Thuku, PM)
ORDER
19/08/2021: In Chambers before Hon Justice H P G Waweru
1The Appellants herein, PAUL MAYUNGA and KIJA LUHENYA (who were respectively the 1st and 2nd accused before the trial court) were convicted upon their own plea of the offence of being unlawfully present in Kenya contrary to section 53(1)(j) & (2) of the Kenya Citizenship and Immigration Act, 2011. They were on 09/08/2019 each sentenced to serve 12 months imprisonment and to be repatriated to their county, Tanzania upon completion of sentence. They appealed against sentence only, particularly the term of imprisonment of 12 months imposed.
2This court heard their appeals on 09/03/2020 and reserved judgment for 26/03/2020. Unfortunately the Covid-19 Pandemic happened, and in the ensuing confusion this matter escaped the attention of the court. As a result the Appellants have long finished their sentence.
3In the circumstances these appeals are hereby deemed withdrawn and are so marked. It is so ordered. The files to be closed.
DATED AND SIGNED AT NANYUKI THIS 19TH DAY OF AUGUST 2021
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 14TH DAY OF OCTOBER 2021