[2024] KEHC 15007 (KLR)
The court found that since the applicant had already completed serving the sentence imposed following a plea of guilty to possession of bhang, the application for revision had been overtaken by events. As no practical relief could be granted, the application was marked as spent and the matter closed.
Source-derived case information.
- Citation
- [2024] KEHC 15007 (KLR)
- Parties
- Applicant: Patrick Muchiri Wanjiru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E485 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application marked as spent and matter closed.
- Judges
- DO Chepkwony
- Legal Topics
- Narcotic Possession, Plea of Guilty, Sentencing, Criminal Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Muchiri Wanjiru
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for revision is maintainable after the applicant has completed serving the sentence.
- 2 Whether the matter is now spent due to the applicant having served the full sentence.
Ratio Decidendi
The court found that since the applicant had already completed serving the sentence imposed following a plea of guilty to possession of bhang, the application for revision had been overtaken by events. As no practical relief could be granted, the application was marked as spent and the matter closed.
Court Disposition
Application marked as spent and matter closed.
Orders
- The application is marked as spent.
- The matter is marked as closed.
Full Case Text
Judgment text and source record
20 paragraphs
Wanjiru v Republic (Criminal Revision E485 of 2023) [2024] KEHC 15007 (KLR) (20 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15007 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Revision E485 of 2023
DO Chepkwony, J
November 20, 2024
Between
Patrick Muchiri Wanjiru
Applicant
and
Republic
Respondent
Ruling
1. This matter is for mention for counsel for the Respondent to confirm status of the Applicant herein.
2. I have read through the original record of proceedings in Kiambu Chief Magistrate’s Court Criminal Case No.E627 of 2023, R –vs- Kariuki Karanja Thiba and established that the Applicant, the accused therein, was charged with the offence of being in Possession of Bhang contrary to Section 4(a)(1) of the Narcotic Drug and Psychotropic Substances Control Act of 2022. According to the particulars of the said charge, the Applicant was found in possession of 29 rolls of Bhang whose street value was Kshs.2700, on 19th June, 2023.
3. The Applicant pleaded ‘Guilty’ to the said charge and was convicted on his own ‘Plea of Guilty’ and subsequently sentenced to serve eighteen (18) months imprisonment on 6th July, 2023.
4. For all intents and purposes, I believe the Applicant may have completed serving this sentence.
5. In the circumstances, this application has been overtaken by events and the same is hereby marked as spent and matter marked as closed.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 20TH DAY OF NOVEMBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:M/S Ndeda counsel for the RespondentCourt Assistant - Martin