[2023] KEHC 3442 (KLR)
The court held that since the applicant had already completed serving the sentence imposed by the trial court, there was no subsisting sentence or order for the High Court to revise under its revisionary jurisdiction. The application for revision was therefore overtaken by events and could not be entertained. The...
Source-derived case information.
- Citation
- [2023] KEHC 3442 (KLR)
- Parties
- Applicant: Peter Kuria Wairimu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E556 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as overtaken by events; file closed.
- Judges
- HM Nyaga
- Legal Topics
- Malicious Damage to Property, Plea of Guilty, Sentence Completion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kuria Wairimu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether there is any sentence left to be revised after the applicant has completed serving the imposed sentence.
Ratio Decidendi
The court held that since the applicant had already completed serving the sentence imposed by the trial court, there was no subsisting sentence or order for the High Court to revise under its revisionary jurisdiction. The application for revision was therefore overtaken by events and could not be entertained. The file was accordingly closed.
Court Disposition
Application dismissed as overtaken by events; file closed.
Orders
- The application for revision is overtaken by events and is hereby dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Wairimu v Republic (Revision Case E556 of 2022) [2023] KEHC 3442 (KLR) (27 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3442 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E556 of 2022
HM Nyaga, J
April 27, 2023
Between
Peter Kuria Wairimu
Applicant
and
Republic
Respondent
Ruling
1. The Applicant, Peter Kuria Wairimu was convicted on his own plea of guilty for the offence of Malicious Damage of property contrary to Section 339(1) of the Penal Code.
2. On 19th November,2019 he was sentenced to serve 5 years’ imprisonment.
3. The Order before this Court is for revision.
4. The Applicant finished serving his sentence on or about 26th January,2023. Having finished serving the sentence imposed by the trial court, there is nothing for this court to revise.
5. Consequently, the only just order which this court can make which I hereby do, is to order that the application is overtaken by events. Orders accordingly.
6. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 27TH APRIL, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant N/A