[2017] KEHC 758 (KLR)

[2017] KEHC 758 (KLR)

The court found that since the accused had already served the three weeks imprisonment imposed on them, the application for revision was rendered moot and could not be granted. The principle applied is that courts do not issue orders in vain or where the subject matter has ceased to exist due to the completion of...

Source-derived case information.

Citation
[2017] KEHC 758 (KLR)
Parties
Applicant: Republic; Respondent: Warasirwayi Naitale; Respondent: Lomosiwa Naitale
Court
High Court
Court Station
High Court at Nyahururu
Jurisdiction
Kenya
Case Number
Criminal Revision 20 of 2017
Procedural Posture
Criminal Revision / Revision Order
Outcome
Application for revision dismissed as overtaken by events.
Judges
RPV Wendoh
Legal Topics
Criminal Revision, Sentence Served, Criminal Procedure Code Section 362
Source Language
en
Criminal Law Criminal Revision Sentence Served Criminal Procedure Code Section 362

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Republic

Applicant

Warasirwayi Naitale

Respondent

Lomosiwa Naitale

Respondent

Procedural Posture

Criminal Revision / Revision Order

Legal Issues

  1. 1 Whether the application for revision is maintainable after the accused have served their sentence.

Ratio Decidendi

The court found that since the accused had already served the three weeks imprisonment imposed on them, the application for revision was rendered moot and could not be granted. The principle applied is that courts do not issue orders in vain or where the subject matter has ceased to exist due to the completion of the sentence.

Court Disposition

Application for revision dismissed as overtaken by events.

Orders

  • The application for revision is dismissed.