[2021] KEHC 5496 (KLR)
The court found that the application for revision of sentence was overtaken by events because the applicant had already paid a reduced fine and had been released from prison after serving part of the sentence. As the sentence had been substantially executed and there was no longer any live issue for determination,...
Source-derived case information.
- Citation
- [2021] KEHC 5496 (KLR)
- Parties
- Applicant: Tobius Apina Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E014 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Manufacture of Alcoholic Drinks, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tobius Apina Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the application for revision of sentence is merited in light of the applicant having paid a reduced fine and been released from prison.
Ratio Decidendi
The court found that the application for revision of sentence was overtaken by events because the applicant had already paid a reduced fine and had been released from prison after serving part of the sentence. As the sentence had been substantially executed and there was no longer any live issue for determination, the court dismissed the application and ordered the file closed.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. E014 OF 2021
CORAM: R.E. ABURILI, J
TOBIUS APINA OTIENO.................................................................................APPLICANT
VERSUS
REPUBLIC.......................................................................................................RESPONDENT
(Being an Application for Revision of sentence in Siaya SPM Court’s
Criminal Case No. E177 of 2021 on 10/2/2021by Hon. J.O. Ong’ondo,
Senior Principal Magistrate)
RULING
1. The convict Tobius Apina Otieno was convicted for the offence of manufacturing alcoholic drinks on his own Plea of guilty and sentenced to a fine of Kshs. 51,000 in default to serve one year imprisonment. This was on 10/2/2021 by Hon. J. Ong’ondo, Senior Principal Magistrate.
2. The trial court record shows that he paid a reduced fine of Kshs, 41,792 on 10/4/2021 after serving part of the prison term and was released from prison.
3. Accordingly, this application for sentence revision as filed vide Probation Report of 11/6/2021 is overtaken by events.
4. It is dismissed and file closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE