[2022] KEHC 16601 (KLR)
The court found that the application had been overtaken by events because the applicant had already paid part of the fine, was released from custody, and the relief sought was no longer necessary. As a result, the matter was marked as overtaken by events and the file was ordered closed. The court exercised its...
Source-derived case information.
- Citation
- [2022] KEHC 16601 (KLR)
- Parties
- Applicant: John Njuguna Wangari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E020 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- Application marked as overtaken by events; file closed.
- Judges
- GL Nzioka
- Legal Topics
- Sentencing, Fines and Penalties, Execution of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Njuguna Wangari
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the application remains relevant after the applicant paid the fine and was released from custody.
Ratio Decidendi
The court found that the application had been overtaken by events because the applicant had already paid part of the fine, was released from custody, and the relief sought was no longer necessary. As a result, the matter was marked as overtaken by events and the file was ordered closed. The court exercised its discretion to decline to proceed with a matter that had become moot, as no practical relief could be granted.
Court Disposition
Application marked as overtaken by events; file closed.
Orders
- This matter is marked as overtaken by events.
- The file is closed accordingly.
Full Case Text
Judgment text and source record
17 paragraphs
Wangari v Republic (Miscellaneous Criminal Application E020 of 2022) [2022] KEHC 16601 (KLR) (8 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16601 (KLR)
Republic of Kenya
In the High Court at Naivasha
Miscellaneous Criminal Application E020 of 2022
GL Nzioka, J
December 8, 2022
Between
John Njuguna Wangari
Applicant
and
Republic
Respondent
Ruling
1. I note from the lower court record that, the applicant was fined an accumulative sum of Kshs 32,000. 00 on October 26, 2021 or ordered to serve a total of seven (7) months imprisonment. Apparently, the amount of money deposited as cash bail was utilized as part of the fine. I have seen a receipt dated October 27, 2021, in the sum of Kshs 11,670 on account of fine paid in relation to matter MCCR 1037 of 2017, which is the subject matter herein. He is said to have subsequently been released from custody.
2. In the given circumstances I find that, this matter has been overtaken by events and I direct it be marked as such and file closed accordingly.
DATED, DELIVERED AND SIGNED ON THIS 8TH DAY OF DECEMBER, 2022GRACE L. NZIOKAJUDGEIn the presence of:-Ms Ogutu - Court assistantNo appearance for the ApplicantMr. Michuki for the state