[2010] KEHC 3555 (KLR)
The court found that the sentences imposed on the appellant for eleven counts of breaking and stealing from a shop were to run concurrently, not consecutively. The computation of a 55-year term was an error by the prison authorities. The correct interpretation of the sentencing order was that the appellant should...
Source-derived case information.
- Citation
- [2010] KEHC 3555 (KLR)
- Parties
- Appellant: Erasto Okudo Okoth; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 70 of 2008
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed_in_part
- Legal Topics
- Sentencing, Concurrent Sentences, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erasto Okudo Okoth
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was correctly computed and whether it should be reduced.
- 2 Whether the sentences for multiple counts should run concurrently or consecutively.
Ratio Decidendi
The court found that the sentences imposed on the appellant for eleven counts of breaking and stealing from a shop were to run concurrently, not consecutively. The computation of a 55-year term was an error by the prison authorities. The correct interpretation of the sentencing order was that the appellant should serve a total of 5 years in prison, as the sentences were to run concurrently. The conviction was upheld, but the sentence was reduced to reflect the proper concurrent terms, resulting in a 5-year imprisonment from the date of conviction and judgment.
Court Disposition
appeal_allowed_in_part
Orders
- The appellant shall serve a term of imprisonment of 5 years from the date of conviction and judgment, i.e., from 9th September 2008.
- The appeal succeeds to the extent of sentence reduction.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
Criminal Appeal 70 of 2008
(From the original conviction and sentence in CM. Criminal case No.1710 of 2008 by the Principal Magistrate Mr. Njagi)
ERASTO OKUDO OKOTH:…………………..…APPELLANT
VERSUS
REPUBLIC:……………………………….……..RESPONDENT
JUDGMENT
The Appellant herein was charged and convicted on his own plea of guilty in eleven (11) counts of breaking and stealing from a shop. He was sentenced to various terms of imprisonment totaling to 55 years. He appealed praying that the sentence be reduced.
The State concedes the Appeal. A perusal of the judgment clearly shows that the sentences were to run concurrently. That would not lead the Appellant to serve 55 years in prison. Those that computed the term as the Appellant was committed to prison made an error. The conviction stands. Sentences running concurrently would leave the Appellant serving 5 years in prison. I consequently order that he will serve a term of imprisonment of 5 years from the date of conviction and judgment, which is to say from 9th September 2008. Appeal succeeds.
Orders accordingly.
DATED AND DELIVERED AT ELDORET THIS 4TH DAY OF MARCH, 2010.
P.M.MWILU
JUDGE
IN THE PRESENCE OF:-
Paul Ekitela - Court clerk
Present - Appellant
Kabaka - State counsel