[2021] KEHC 6485 (KLR)
The court found that the applicant, having been convicted on three counts of robbery with violence, committed serious offences involving violence and trauma to multiple victims. The court considered the period the applicant spent in custody prior to conviction and the mitigation advanced. Balancing the gravity of...
Source-derived case information.
- Citation
- [2021] KEHC 6485 (KLR)
- Parties
- Applicant: David Otieka Buluma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 70 of 2020
- Procedural Posture
- Miscellaneous Application / Sentencing
- Outcome
- application for resentencing partially allowed; custodial sentence imposed with discount for pre-conviction custody.
- Legal Topics
- Robbery With Violence, Sentencing Principles, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Otieka Buluma
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Sentencing
Legal Issues
- 1 Whether the applicant should be sentenced to a custodial term for robbery with violence.
- 2 Whether the period spent in custody prior to conviction should be discounted from the sentence.
Ratio Decidendi
The court found that the applicant, having been convicted on three counts of robbery with violence, committed serious offences involving violence and trauma to multiple victims. The court considered the period the applicant spent in custody prior to conviction and the mitigation advanced. Balancing the gravity of the offences with the applicant's time in pre-conviction custody, the court imposed a custodial sentence of thirty-five years, to run from the date of conviction, less the period already spent in custody during trial.
Court Disposition
application for resentencing partially allowed; custodial sentence imposed with discount for pre-conviction custody.
Orders
- The applicant is sentenced to thirty-five (35) years imprisonment.
- The sentence shall run from 23rd April 2003.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
MISC. CR. APPLICATION NO. 70 OF 2020
DAVID OTIEKA BULUMA.............................................................APPLICANT
-VERSUS-
REPUBLIC....................................................................................RESPONDENT
NOTES ON SENTENCING
The Petitioner was convicted on 3 counts of Robbery with Violence.
1. He was in group of persons who robbed their victims whilst armed with dangerous weapons.
2. During the said robberies they used violence upon the complainants.
3. Each of the offences was a separate action, targeting different persons.
4. The Petitioner was arrested on 30th October 2000.
5. He remained in custody throughout the trial, until he was convicted on 23rd April 2003.
6. I have given due consideration to the mitigation. I have also taken into account the trauma visited on the complainants.
7. In the circumstances I sentence the accused to THIRTY-FIVE (35) YEARSImprisonment. The said sentence shall run from 23rd April 2003, but it shall be discounted by the period he spent in custody whilst he was still on trial.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF MAY 2021
FRED A. OCHIENG
JUDGE