[2025] KEHC 7916 (KLR)
The court found that since the appellant had already served the full four-year sentence imposed for the offence of stealing by servant, the appeal no longer presented a live issue for determination. As a result, the application for leniency was rendered moot. The court dismissed the appeal under Section 382 of the...
Source-derived case information.
- Citation
- [2025] KEHC 7916 (KLR)
- Parties
- Appellant: Eliud K Songol; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E176 of 2019
- Procedural Posture
- Criminal Application / Ruling on Application for Leniency After Conviction and Sentencing
- Outcome
- Appeal dismissed as moot; file marked and closed.
- Judges
- RN Nyakundi
- Legal Topics
- Stealing by Servant, Sentencing, Appeal Mootness
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliud K Songol
Appellant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Leniency After Conviction and Sentencing
Legal Issues
- 1 Whether the appeal remains live given the appellant has served the full sentence imposed for stealing by servant.
- 2 Whether the court should grant leniency or any other relief to the appellant post-sentence.
Ratio Decidendi
The court found that since the appellant had already served the full four-year sentence imposed for the offence of stealing by servant, the appeal no longer presented a live issue for determination. As a result, the application for leniency was rendered moot. The court dismissed the appeal under Section 382 of the Criminal Procedure Code and marked the file as closed, holding that it lacked jurisdiction to grant any further relief where the sentence had already been fully executed.
Court Disposition
Appeal dismissed as moot; file marked and closed.
Orders
- The appeal is dismissed under Section 382 of the Criminal Procedure Code as moot.
- The file is marked and closed.
Full Case Text
Judgment text and source record
17 paragraphs
Songol v Republic (Criminal Application E176 of 2019) [2025] KEHC 7916 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7916 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Application E176 of 2019
RN Nyakundi, J
June 4, 2025
Between
Eliud K Songol
Appellant
and
Republic
Respondent
Ruling
Representation:M/s Sidi for the State 1. Before this court is an application in the above mentioned case which states as follows:i.That I pleaded guilty to the chargesii.That I was a first offenderiii.That commission of this offence was out of pressure and temptationiv.That, I am remorseful, repentant and reformed because I have learned the incarcerationv.That I have a family of 12 children and a wife who all depend upon me for daily living and educationvi.That my children life is in jeopardy because we stay in a rented premise which they will not be able to cater forvii.That my wife is jobless and sickly hence nobody will take care of her and the childrenviii.That may this honorable court be pleased to grant me leniency
Decision1. The appellant was charged, convicted and sentence to four years imprisonment for the offence of stealing by servant contrary to section 281 of the penal code. The sentence was imposed on 18th of November 2019 and he has since served the requisite period. Therefore, renders the instance appeal moot and is hereby dismissed under Section 382 of the Criminal Procedure Code.2. The file is marked and closedOrders accordingly
DATED SIGNED AND DELIVERED AT ELDORET THIS 4TH DAY OF JUNE, 2025. ............................R. NYAKUNDIJUDGE