https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11059
The court exercised its revisionary discretion and ordered the five-year sentence on count I and the two-year sentence on count II to run concurrently, noting the guilty plea, the absence of previous records, and that the applicant did not waste the court's time.
Source-derived case information.
- Citation
- [2026] KEHC 11059 (KLR)
- Parties
- Applicant: Bonface Poriot Lonyapuowas; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E020 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Sentence revised; orders altered from consecutive to concurrent.
- Judges
- ["RPV Wendoh"]
- Legal Topics
- Breaking Into a Building and Committing a Felony, Malicious Damage to Property, Concurrent and Consecutive Sentences, Revision of Sentence After Guilty Plea
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bonface Poriot Lonyapuowas
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentences imposed on counts I and II should run concurrently instead of consecutively.
- 2 Whether the applicant’s guilty plea and lack of prior records justified interference with the original sentence.
Ratio Decidendi
The court exercised its revisionary discretion and ordered the five-year sentence on count I and the two-year sentence on count II to run concurrently, noting the guilty plea, the absence of previous records, and that the applicant did not waste the court's time.
Court Disposition
Sentence revised; orders altered from consecutive to concurrent.
Orders
- The sentence of five (5) years on count I and two (2) years on count II shall run concurrently.
- File closed.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KAPENGURIA.** **CRIMINAL REVISION NO. E020 OF 2026** ***(FROM ORIGINAL CONVICTION AND SENTENCE NO. CM. NO. E.767 OF 2024)*** ***(CORAM – HON. LADY JUSTICE R.P.V. WENDOH – JUDGE.)*** **BONFACE PORIOT ……………………………………….… APPLICANT** * **V E R S U S –** **REPUBLIC ………………………………………………….. RESPONDENT** **RULING** The applicant Boniface Poriot Lonyapuowas charged with the offence of 1. **Breaking into a building and committing a felony contrary to section 306 (a) of the Penal Code** 2. **Malicious damage to property contrary to section 339(1) of the Penal Code.** The complainant was Chepareria Sub-county Hospital both counts, and the offences were committed along the same period. The applicant pleaded guilty to the offences and was convicted on his own plea. He was sentenced to:- **Count I - five (5) years imprisonment** **Count II- two (2) years imprisonment** The sentences were ordered to run consecutively. Having pleaded guilty and having had no previous records except for known bad behaviour, he did not waste the court’s time. I hereby order that the sentence of five (5) years on count I and two (2) years on count II do run concurrently. It is so ordered. File closed. **Dated, signed and delivered at Kapenguria this 22nd day of July 2026.** **HON. R.P.V. WENDOH.** **JUDGE.**