[2012] KEHC 3947 (KLR)

[2012] KEHC 3947 (KLR)

The court found that the applicant's manner of driving was reckless and dangerous, resulting in the loss of life. The sentences imposed by the trial magistrate were lawful and reflected the gravity of the offences. However, since the offences arose from the same transaction, the court exercised its discretion to order that the sentences run concurrently rather than consecutively. The appeal was dismissed except to the extent that the sentences would now run concurrently.

Citation
[2012] KEHC 3947 (KLR)
Parties
Applicant: Evans Gitonga Wango; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
21 June 2012
Case Number
Miscellaneous Criminal Application 98 of 2012
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Review
Outcome
appeal dismissed except to the extent that sentences will run concurrently
Judges
LA Achode
Legal Topics
Dangerous Driving, Sentencing Review, Concurrent Sentences, Custodial Sentence, Mitigation, Causing Death by Dangerous Driving
Source Language
English
Criminal Law Dangerous Driving Sentencing Review Concurrent Sentences Custodial Sentence Mitigation Causing Death by Dangerous Driving

Case Brief

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Parties

Evans Gitonga Wango

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Sentence Review

Legal Issues

  1. 1 Whether the custodial sentence imposed on the applicant for causing death by dangerous driving was appropriate in the circumstances.
  2. 2 Whether the sentences should run consecutively or concurrently.

Ratio Decidendi

The court found that the applicant's manner of driving was reckless and dangerous, resulting in the loss of life. The sentences imposed by the trial magistrate were lawful and reflected the gravity of the offences. However, since the offences arose from the same transaction, the court exercised its discretion to order that the sentences run concurrently rather than consecutively. The appeal was dismissed except to the extent that the sentences would now run concurrently.

Court Disposition

appeal dismissed except to the extent that sentences will run concurrently

Orders

  • The sentences imposed by the trial court are upheld.
  • The sentences shall run concurrently.