Boke v Republic [2025] KEHC 10179 (KLR)

Boke v Republic (Criminal Revision E265 of 2024) [2025] KEHC 10179 (KLR) (16 July 2025) (Ruling)

Neutral citation: [2025] KEHC 10179 (KLR)

Republic of Kenya

In the High Court at Eldoret

Criminal Revision E265 of 2024

RN Nyakundi, J

July 16, 2025

Between

Brian Boke

Accused

and

Republic

Respondent

Ruling

1. Before this court the accused were charged with offence of stealing stock contrary section 278 of the penal code and was sentenced to 3 years. The particulars offence is: Brian Boke: On the night of 27th and 28th June 2023 at Kapchinja area in Kapseret sub-county within Uasin Gishu county, stole a cow valued at Kshs. 40,000/= the property of Philip Sang; Brian Boke: On the 28th day of June 2023 at Baharini area in Turbo sub-county within Uasin Gishu county, otherwise than in the course of stealing dishonesty retained one cow valued at Kshs. 40,000/= knowing or having reason to believe them to be stolen property

Decision 2. This application has been overtaken by events the applicant has already served the sentence of 3 years. The application is therefore dismissed for want of jurisdiction for the subject matter is spent.

DELIVERED, DATED AND SIGNED AT ELDORET ON THIS 16TH JULY 2025……………………………………R. NYAKUNDIJUDGERepresentation:M/s Sidi for the State