[2014] KEHC 8559 (KLR)
The court found that the trial magistrate erred in convicting and sentencing the appellant on Count 1 after he had already been discharged on that count. Consequently, both the conviction and sentence on Count 1 were set aside. Regarding Count 2, the court exercised its discretion to reduce the sentence to the...
Source-derived case information.
- Citation
- [2014] KEHC 8559 (KLR)
- Parties
- Appellant: Alfonce Barasa Okello; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 8 ‘B’ of 2014
- Procedural Posture
- Criminal Appeal / Ruling on Appeal Against Conviction and Sentence
- Outcome
- appeal allowed in part
- Judges
- F Tuiyott
- Legal Topics
- Appeal Against Conviction, Appeal Against Sentence, Double Jeopardy, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfonce Barasa Okello
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the conviction and sentence on Count 1 was valid after the appellant had already been discharged on that count.
- 2 Whether the sentence imposed on Count 2 should be reduced given the period already served by the appellant.
Ratio Decidendi
The court found that the trial magistrate erred in convicting and sentencing the appellant on Count 1 after he had already been discharged on that count. Consequently, both the conviction and sentence on Count 1 were set aside. Regarding Count 2, the court exercised its discretion to reduce the sentence to the period already served, noting that the appellant had substantially served the term and would likely have completed it by the time the appeal was determined. The court ordered the appellant's immediate release unless otherwise lawfully detained.
Court Disposition
appeal allowed in part
Orders
- Conviction and sentence on Count 1 are set aside.
- Sentence on Count 2 is reduced to the period already served.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
HIGH COURT
CRIMINAL APPEAL NO. 8 ‘B’ OF 2014
ALFONCE BARASA OKELLO…………....APPELLANT
VERSUS
REPUBLIC…………………………………..RESPONDENT
R U L I N G
This Court, just like the Appellant and the State Counsel, has noted that the Appellant was discharged in respect to Count 1 on 4th July 2006 by the Trial Court. It was therefore in error that the Learned Trial Magistrate convicted the Appellant in respect thereof and proceeded to impose a sentence of three (3) years imprisonment. For that reason I do hereby set aside both conviction and sentence.
As to Count 2, the Appellant has substantially served his prison term and there is all likelihood that he shall have completed sentence by the time this Appeal is heard and determined. For that reason I would, in my discretion, reduce the sentence in respect to Count 2 to the period already served. The result is that the Appellant shall be released forthwith unless detained for some other lawful cause.
In respect to Count 2 the prison term would be ending sometime this month, if one was to take into account remission.
F. TUIYOTT
JUDGE
DATED, DELIVERED AND SIGNED AT BUSIA THIS 4TH DAY OF DECEMBER, 2014.
IN THE PRESENCE OF;
KADENYI……………………………………………………..COURT CLERK
OWITI……………………………………………………………..FOR STATE
APPLICANT IN PERSON