[2023] KEHC 463 (KLR)
The court found that the applicant was sentenced to 15 years' imprisonment for rape and 2 years' imprisonment for obtaining money by false pretences, with no indication that a fine was paid. The High Court clarified that the cumulative sentence of 17 years for the two counts should run concurrently, commencing from...
Source-derived case information.
- Citation
- [2023] KEHC 463 (KLR)
- Parties
- Appellant: DOO; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 135 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Clarification and Review
- Outcome
- application partially allowed; sentence clarified and committal warrant amended
- Judges
- RN Nyakundi
- Legal Topics
- Sentencing Review, Concurrent Sentences, Committal Warrant Amendment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DOO
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Clarification and Review
Legal Issues
- 1 Whether the applicant's sentences for rape and obtaining money by false pretences should run concurrently or consecutively.
- 2 Whether the committal warrant should be amended to reflect the correct sentence commencement date.
Ratio Decidendi
The court found that the applicant was sentenced to 15 years' imprisonment for rape and 2 years' imprisonment for obtaining money by false pretences, with no indication that a fine was paid. The High Court clarified that the cumulative sentence of 17 years for the two counts should run concurrently, commencing from 22nd February 2010, the date of conviction. The court further ordered that the committal warrants be amended to reflect this review order, ensuring the applicant's sentence is properly recorded and executed in accordance with the clarified terms. This clarification was necessary to resolve any ambiguity regarding the running of the sentences and the applicant's custodial period.
Court Disposition
application partially allowed; sentence clarified and committal warrant amended
Orders
- The applicant's cumulative sentence of 17 years for the two counts shall run concurrently from 22/2/2010.
- The committal warrants are amended to reflect the review order on sentence.
Full Case Text
Judgment text and source record
21 paragraphs
DOO v Republic (Miscellaneous Criminal Application 135 of 2019) [2023] KEHC 463 (KLR) (27 January 2023) (Ruling)
Neutral citation: [2023] KEHC 463 (KLR)
Republic of Kenya
In the High Court at Eldoret
Miscellaneous Criminal Application 135 of 2019
RN Nyakundi, J
January 27, 2023
Between
DOO
Appellant
and
Republic
Respondent
Ruling
1. The applicant approached this court vide a Notice of Motion dated 19th June 2019 seeking the following orders;1. Spent2. Such other or further order be made as this Honourable court shall deem fast and expedient.
2. The application is premised on the grounds set out therein and the contents of the supporting affidavit to the application.
3. The applicant’s case is that he was convicted on 22nd February 2010. He then appealed to the High Court vide High Court Criminal Appeal 31 of 2010 wherein the court set aside his conviction for deliberate transmission of HIV. The court set aside the sentence of 5 years for the charge of rape and substituted it with 15 years’ imprisonment to run from the date of conviction 22nd February 2010. The court then directed that the sentences run consecutively. The court also upheld the sentence and conviction for obtaining money by false pretences.
4. It therefore follows that the applicant was sentenced to 15 years’ imprisonment for the offence of rape, and 2 years’ imprisonment for obtaining money by false pretences. There is no indication that he paid the fine and therefore he was subject to a total of 17 years’ imprisonment.
5. In the premises, the court clarifies that the applicant cumulative sentence of 17 years for the two counts to run concurrently with the commencement period from 22/2/2010. With this order the committal warrants be and is hereby amended to reflect the review order on sentence.
6. As a consequence, the appellant appeal succeeds to that extent.It is so ordered.
DATED, SIGNED AND DELIVERED AT ELDORET THIS 27th DAY OF JANUARY 2023. ....................................R. NYAKUNDIJUDGECoram: Hon. Justice R. NyakundiMr Mugun for the state