[2008] KEHC 3944 (KLR)
The court held that since the offences were committed on separate occasions, the sentences should not be consolidated or run concurrently. However, considering the appellant's guilty plea and the circumstances of the case, the sentence of 18 months for stealing was found to be unduly harsh and was reduced to one...
Source-derived case information.
- Citation
- [2008] KEHC 3944 (KLR)
- Parties
- Appellant: Eric Otieno Kobe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 30 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied in part; appeal partially allowed
- Judges
- JB Ojwang
- Legal Topics
- Sentencing Principles, Consolidation of Charges, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eric Otieno Kobe
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentences for two separate offences should have been consolidated and run concurrently.
- 2 Whether the sentence of 18 months for stealing was unduly harsh given the circumstances and the appellant's guilty plea.
Ratio Decidendi
The court held that since the offences were committed on separate occasions, the sentences should not be consolidated or run concurrently. However, considering the appellant's guilty plea and the circumstances of the case, the sentence of 18 months for stealing was found to be unduly harsh and was reduced to one year from the original date of sentence. The sentence for escaping from lawful custody was to be addressed in a separate appeal file. The court thus partially allowed the appeal by reducing the sentence for the stealing offence but declined to consolidate the sentences or order concurrency.
Court Disposition
sentence varied in part; appeal partially allowed
Orders
- The sentence of 18 months' imprisonment for stealing is reduced to one year's imprisonment from the original date of sentence.
- The sentence for escaping from lawful custody to be addressed in Criminal Appeal No. 31 of 2007.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
(Coram: Ojwang, J)
CRIMINAL APPEAL No. 30 OF 2007
ERIC OTIENO KOBE……………………..….APPELLANT
-VERSUS-
REPUBLIC…………………………..…..…..RESPONDENT
(An appeal from sentence imposed by Senior Principal Magistrate Mrs. Mwangi dated 25th April, 2006 in Criminal Case No. 2227 of 2006 at Kibera Law Courts)
JUDGEMENT
The appellant was charged in two separate cases, one being Criminal Case No. 2227 of 2006 (stealing contrary to s.275 of the Penal Code); the other being Criminal Case No. 4925 of 2006 (escape from lawful custody).For the first offence, in respect of which he pleaded guilty, he was sentenced to 18 months’ imprisonment.For the second offence, in respect of which he again pleaded guilty, he was sentenced to two years’ imprisonment.
In his appeal he urges that the two charges should have been consolidated and that, in that event, sentence would have been harsh; and so he prays forconsolidation and for a shorter term of imprisonment.
While agreeing that sentence in both cases would have been harsh, given that the appellant pleaded guilty and saved the Court’s time, learned State Counsel Ms Gateru has urged that these were offences committed on separate occasions, and consequently, sentences would not have run concurrently.
This reasoning, I think, is correct.The sentences must stand separately.
In the case of the offence of stealing contrary to s.275 of the Penal Code, I find the sentence of 18 months to have been unduly harsh, considering all the circumstances of the case; and consequently I hereby reduce the term of imprisonment to one year’s imprisonment from original date of sentence.
As regards the offence of escaping form the lawful custody, my decision is set out in the appropriate appeal file, Criminal Appeal No.31 of 2007.
Orders accordingly.
DATED and DELIVERED at Nairobi this 29th day of January, 2008.
J.B. OJWANG
JUDGE
Coram: Ojwang, J.,
Court clerk: Huka
For the Respondent: Ms. Gateru
Appellant in person