[2023] KEHC 3438 (KLR)
The court found that since the applicant had already served the entirety of his 7-month sentence by the time the matter was considered, there was no subsisting sentence to revise. The application for revision was therefore overtaken by events and no further orders could be made. The court accordingly marked the...
Source-derived case information.
- Citation
- [2023] KEHC 3438 (KLR)
- Parties
- Applicant: David Maina Wanjiku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E552 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application marked as overtaken by events; file closed.
- Judges
- HM Nyaga
- Legal Topics
- Revision Jurisdiction, Plea of Guilty, Sentence Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Maina Wanjiku
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether there is any sentence left to be revised by the court.
- 2 Whether the application for revision is moot due to the applicant having served the full sentence.
Ratio Decidendi
The court found that since the applicant had already served the entirety of his 7-month sentence by the time the matter was considered, there was no subsisting sentence to revise. The application for revision was therefore overtaken by events and no further orders could be made. The court accordingly marked the application as overtaken by events and closed the file.
Court Disposition
Application marked as overtaken by events; file closed.
Orders
- The application is marked as overtaken by events.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Wanjiku v Republic (Revision Case E552 of 2022) [2023] KEHC 3438 (KLR) (27 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3438 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E552 of 2022
HM Nyaga, J
April 27, 2023
Between
David Maina Wanjiku
Applicant
and
Republic
Respondent
Ruling
1. The Applicant David Maina Wanjiku was convicted on his own plea of guilty for the offence of Breaking into a building with intent to commit a felony contrary to Section 307 of the Penal Code.
2. He was sentenced to serve 7 months’ imprisonment on 22nd September, 2022. At the time of looking into the matter, I note that he has served his sentence and there is nothing left for this court to revise.
3. Consequently, the only just order which this court can make which I hereby do, is to order that the application be marked as overtaken by events. Orders accordingly.
4. 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