Kariuki v Republic [2023] KEHC 3417 (KLR)

Kariuki v Republic (Revision Case 560 of 2022) [2023] KEHC 3417 (KLR) (27 April 2023) (Ruling)

Neutral citation: [2023] KEHC 3417 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case 560 of 2022

HM Nyaga, J

April 27, 2023

Between

Boniface Kariuki

Applicant

and

Republic

Respondent

Ruling

1. The applicant Boniface Kariuki was convicted on his own plea of guilty for the offence of being in possession of alcoholic drink namely changaa contrary to section 27(1) as read with sub section 3 of the Alcoholic Drinks Control Act No 4 of 2010 and sentenced to serve 6 months’ imprisonment on October 12, 2022.

2. He therefore completed serving his sentence on or about March 12, 2023. Having served the sentence imposed by the trial court, there is no 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 has been overtaken by events and it is hereby closed with no further orders. Orders accordingly.

4. File closed.

DATED, SIGNED & DELIVERED AT NAKURU THIS 27THAPRIL, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant –N/A