[2002] KEHC 437 (KLR)
The court found the appellant's request reasonable, considering her ongoing imprisonment and the hardship to her children. The court exercised its discretion to order that the 2-year sentence in this case run concurrently with the 5-year sentence in Criminal Case No.2552 of 1996, thereby reducing the total period of...
Source-derived case information.
- Citation
- [2002] KEHC 437 (KLR)
- Parties
- Appellant: Anna Auma Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 288 of ??
- Procedural Posture
- Criminal Appeal / Appeal on Sentence
- Outcome
- appeal on sentence allowed
- Legal Topics
- Sentencing Principles, Concurrent Sentences, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anna Auma Owino
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal on Sentence
Legal Issues
- 1 Whether the sentence in the present case should run concurrently with the sentence in Criminal Case No.2552 of 1996.
- 2 Whether the appellant's circumstances justify concurrent sentencing.
Ratio Decidendi
The court found the appellant's request reasonable, considering her ongoing imprisonment and the hardship to her children. The court exercised its discretion to order that the 2-year sentence in this case run concurrently with the 5-year sentence in Criminal Case No.2552 of 1996, thereby reducing the total period of incarceration and serving the interests of justice.
Court Disposition
appeal on sentence allowed
Orders
- The sentence in this case shall commence and run concurrently with that in Criminal Case No.2552 of 1996.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
APPELLATE SIDE
CRIMINAL APPEAL NO.288 OF 2000
(Being an Appeal from Original Conviction and Sentence in Criminal Case No.520
of 1999 of the Chief Magistrate’s Court at Mombasa –A.W. Gungi, RM)
ANNA AUMA OWINO …………………………………… APPELLANT
VERSUS
REPUBLIC ……………………………………………….. RESPONDENT
JU D G M E N T
The appellant has withdrawn her appeal on conviction. She appeals only on sentence. She submits that she is already serving a sentence in another criminal case being Cr. Case No.2552 of 1996 where she was sentenced to 5 years imprisonment.
In this appeal the sentence is 2 years imprisonment. She is asking that that sentence do commence so that both sentences shall run concurrently to shorten her time in prison. She says she has children at home who are suffering in her absence. I accept her submissions as reasonable. I hereby allow her appeal on sentence and order that the sentence in this case shall commence and run concurrently in that in Cr. Case No.255 of 1996.
Dated at Mombasa this 17th Day of July, 2002. J. KHAMINWA COMMISSIONER OF ASSIZE