[2024] KEHC 9437 (KLR)
The court found that since the applicant had already served the full sentence as confirmed by the Probation Officer's report, the application for revision was rendered moot and there was no longer any live issue for determination. The court therefore marked the file as closed, declining to make any further orders.
Source-derived case information.
- Citation
- [2024] KEHC 9437 (KLR)
- Parties
- Applicant: James Muraya Wanjiru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E172 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; file marked as closed.
- Judges
- PN Gichohi
- Legal Topics
- Sentence Review, Imprisonment, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Muraya Wanjiru
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to revision of sentence after serving the full term.
- 2 Whether the application for revision has been overtaken by events.
Ratio Decidendi
The court found that since the applicant had already served the full sentence as confirmed by the Probation Officer's report, the application for revision was rendered moot and there was no longer any live issue for determination. The court therefore marked the file as closed, declining to make any further orders.
Court Disposition
Application dismissed as moot; file marked as closed.
Orders
- The application for revision is dismissed as it has been overtaken by events.
- The file is marked as closed.
Full Case Text
Judgment text and source record
21 paragraphs
Wanjiru v Republic (Criminal Revision E172 of 2024) [2024] KEHC 9437 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9437 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E172 of 2024
PN Gichohi, J
July 23, 2024
Between
James Muraya Wanjiru
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.
2. The Applicant (James Muraya Wanjiru) was charged in Molo MCCR E113 of 2024 with the offence of Breaking into a building with intent to commit a felony, contrary to Section 307 of the Penal Code.
3. The particulars are that on the 13th Day of January, 2024 at Cheponde village, Arimi Location in Molo Sub – County within Nakuru County, jointly with others not before court you broke a shop belonging to Francis Kimani Karauni with intent to steal from therein.
4. He pleaded guilty and was sentenced to twelve (12) months imprisonment.
5. The Sentence Review Report by the Probation officer has now confirmed that the Applicant has since served the sentence.
6. In the circumstances the application has been overtaken by events and file marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 23THDAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentProbation officerRuto - Court Assistant