[2019] KEHC 8134 (KLR)
The court found that since all offences were committed on the same day, it was improper to impose consecutive sentences, especially where the total sentence would be excessive. The law and established sentencing principles require that sentences for offences arising from the same transaction should run concurrently....
Source-derived case information.
- Citation
- [2019] KEHC 8134 (KLR)
- Parties
- Appellant: Dennis Korir Kibet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 146 of 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part
- Judges
- DAS Majanja
- Legal Topics
- Sentencing Principles, Concurrent Sentences, Possession of Offensive Weapon, House Breaking, Stealing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Korir Kibet
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the trial court erred in imposing consecutive sentences for offences committed on the same day.
- 2 Whether the aggregate sentence imposed was excessive in the circumstances.
Ratio Decidendi
The court found that since all offences were committed on the same day, it was improper to impose consecutive sentences, especially where the total sentence would be excessive. The law and established sentencing principles require that sentences for offences arising from the same transaction should run concurrently. The minimum sentence for possession of an offensive weapon is 7 years, and the sentences for house breaking and stealing should not be consecutive to this, but rather concurrent, to ensure proportionality and fairness in sentencing.
Court Disposition
appeal allowed in part
Orders
- The sentences on counts I, II and III shall all run concurrently from 18th October 2016.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CORAM: D. S. MAJANJA J.
CRIMINAL APPEAL NO. 146 OF 2016
BETWEEN
DENNIS KORIR KIBET ........................... APPELLANT
AND
REPUBLIC .............................................. RESPONDENT
(Being an appeal against the original conviction and sentence of Hon. H. M. Nyaberi, SPM dated 28th May 2018 at the Magistrates Court at Iten in Criminal Case No. 1110 of 2016)
JUDGMENT
1. After a full trial., the appellant, DENNIS KORIR KIBET, was convicted of the offence of possession of offensive weapon contrary to section 89(1) of the Penal Code (Chapter 63 of the Laws of Kenya). He was sentenced to 7 years’ imprisonment. He had also pleaded guilty to two counts of house breaking and stealing contrary to section 306 (a) of Penal Code. He was sentenced to two consecutive sentences of 3 years on each count.
2. The appellant appeals against the sentence only. I have considered the respective sentences and I find the offences were all committed on the same day and it would be improper to impose consecutive sentences particularly where the aggregate sentences would be excessive.
3. Since the minimum sentence under section 89 (1) of the Penal Code is 7 years’ imprisonment, I allow the appeal and order that the sentences on counts I, II and III shall all run concurrently from 18th October 2016.
DATED and DELIVERED at ELDORET this 25th day of APRIL 2019.
D.S. MAJANJA
JUDGE
Appellant in person.
Ms Mokua, Prosecution Counsel, instructed by the Director of Public Prosecutions for the respondent.