[2018] KEHC 7358 (KLR)
The court found that, in the absence of an order for concurrent sentences, the sentences imposed in the appellant's multiple cases would run consecutively, resulting in an unduly long period of imprisonment. Given that the prosecution did not object and considering the interests of justice, the court exercised its...
Source-derived case information.
- Citation
- [2018] KEHC 7358 (KLR)
- Parties
- Appellant: Elkana Moses Mburu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 32 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal against sentence allowed to the extent that the four-year sentence shall run concurrently with the sentence in Kandara PM Criminal Case No 455 of 2008.
- Judges
- DW Mbuteti
- Legal Topics
- Stealing Stock, Sentencing, Concurrent Sentences, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elkana Moses Mburu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed in Kandara PM Criminal Case No 454 of 2008 should run concurrently with the sentence in Kandara PM Criminal Case No 455 of 2008.
- 2 Whether the appeal against sentence should be allowed to the extent sought by the appellant.
Ratio Decidendi
The court found that, in the absence of an order for concurrent sentences, the sentences imposed in the appellant's multiple cases would run consecutively, resulting in an unduly long period of imprisonment. Given that the prosecution did not object and considering the interests of justice, the court exercised its discretion to order that the four-year sentence in Kandara PM Criminal Case No 454 of 2008 run concurrently with the sentence in Kandara PM Criminal Case No 455 of 2008. The appeal against sentence was thus allowed to this limited extent only.
Court Disposition
Appeal against sentence allowed to the extent that the four-year sentence shall run concurrently with the sentence in Kandara PM Criminal Case No 455 of 2008.
Orders
- The sentence of imprisonment for four years imposed upon the appellant in Kandara PM Criminal Case No 454 of 2008 shall run concurrently with the sentence in Kandara PM Criminal Case No 455 of 2008.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL APPEAL NO 32 OF 2017
(FORMERLY NYERI HC CRIMINAL APPEAL NO 62 OF 2010)
(Appeal from original Conviction and Sentence in Kandara PM Criminal Case No 454 of 2008
ELKANA MOSES MBURU.............................................APPELLANT
VERSUS
REPUBLIC.....................................................................RESPONDENT
J U D G M E N T
1. The Appellant herein, Elkana Moses Mburu, was convicted after trial of stealing stock contrary to section 275 of the Penal Code and sentenced to four 4 years imprisonment. He has appealed against both conviction and sentence.
2. This was the second case in which the Appellant was convicted and sentenced about the same time at Kandara. The first case was Kandara PM Criminal Case No 455 of 2008. There were two other cases - Kandara PM Criminal Case No 213 of 2009 and Kandara PM Criminal Case No 453 of 2008. He was convicted and sentenced in these four cases in the order in which they appear above. In one of the cases the Appellant was convicted of and sentenced for the offence of burglary and theft. In the other three cases he was convicted of and sentenced for the offence of stealing stock. In the four cases he received sentences of imprisonment ranging from three (3) years to six (6) years. As there were no orders in the subsequent cases for sentences in them to run concurrently with the sentences in the previous case(s), it meant that under section 37 of the Penal Code the sentences would run consecutively. That meant a very long time in jail for the Appellant!
3. At the hearing of this appeal, the Appellant abandoned his appeal against conviction and pursued only the appeal against sentence. More particularly, he pleaded that this court do direct that the sentence imposed upon him in the case giving rise to this appeal (Kandara PM Criminal Case No 454 of 2008) do run concurrently with the sentence in the previous case (Kandara PM Criminal Case No 455 of 2008).
4. Learned prosecution counsel for the Respondent had no objection to that course of action.
5. It was for the reasons appearing above that on 28/07/2017 I allowed the Appellant’s appeal herein against sentence to the limited extent only that the sentence of imprisonment for four (4) years imposed upon him shall run concurrently with the sentence that he got in Kandara PM Criminal Case No 455 of 2008(seven(7) years imprisonment.
DATED AND SIGNED AT MURANG’A THIS 19TH DAY OF APRIL 2018
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 20TH DAY OF APRIL 2018