[2006] KEHC 2929 (KLR)
The court found that the appellant had been convicted in three separate cases for similar offences of shop breaking and stealing, all arising from incidents occurring within a close timeframe. The court held that the ideal approach would have been to charge the appellant in one case with separate counts, rather than...
Source-derived case information.
- Citation
- [2006] KEHC 2929 (KLR)
- Parties
- Appellant: Evanson Muiruri Njogu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 303 & 300 & 301 of 2004
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed_in_part
- Judges
- LK Kimaru
- Legal Topics
- Sentencing Consolidation, Shop Breaking, Plea of Guilty, Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Evanson Muiruri Njogu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentences imposed in three separate criminal cases for similar offences should be consolidated.
- 2 Whether the term of imprisonment imposed on the appellant should be reduced.
Ratio Decidendi
The court found that the appellant had been convicted in three separate cases for similar offences of shop breaking and stealing, all arising from incidents occurring within a close timeframe. The court held that the ideal approach would have been to charge the appellant in one case with separate counts, rather than in three separate cases. Given the appellant's guilty plea, his demonstration of remorse, and the fact that the offences were similar and closely connected, the court determined that consolidating the sentences was appropriate to ensure justice and proportionality in sentencing. The court therefore ordered that the sentences in the three cases be consolidated, and that the...
Court Disposition
appeal_allowed_in_part
Orders
- The sentences imposed in Nyahururu PMC Criminal Case No. 4582 of 2004, No. 4580 of 2004, and No. 4579 of 2004 are consolidated.
- The appellant will serve one sentence of six years imprisonment in respect of all offences convicted.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Criminal Appeal No. 303 & 300 & 301 of 2004
EVANSON MUIRURI NJOGU……………..............................………..APPELLANT
VERSUS
REPUBLIC……………………...…...........................……………….RESPONDENT
JUDGMENT
The appellant, Evanson Muiruri Njogu, was charged with others separately with three similar criminal offences of shop breaking and stealing contrary to Section 306(a)of thePenal Code. The particulars of the charge were that between the nights of the 18th and the 20th of October 2004 at Sipili and Kinamba Trading Centres, Laikipia District the appellant jointly with others not before court, broke into shops belonging to various complainants and stole therefrom assorted goods of trade belonging to the said complainants as stated in the charge sheets. In all the three criminal cases the appellant pleaded guilty to the charge. In the first case, he was sentenced to serve three years imprisonment on each limb of the offence. The said sentences were ordered to run concurrently. In the second case he was ordered to serve six years imprisonment and four years imprisonment respectively in respect of the two limbs of the offence. In the third case, he was sentenced to serve five years imprisonment. The appellant was aggrieved by his conviction and sentence and appealed to this court.
At the hearing of the appeal the appellant abandoned his appeal on conviction. Instead, he pleaded with the court to consolidate the sentences that were meted out on him on the three separate criminal cases. He further prayed for the court to reduce the term of imprisonment that was imposed on him by the trial magistrate. Mr Koech, learned counsel for the State, did not oppose the plea. He left the issue of sentence to the court.
I have perused the record of the lower court in respect of the three criminal cases that were filed by the prosecution against the appellant. In two of the cases, the appellant pleaded guilty to the offences and was sentenced on the same day. The ideal situation in such cases is that the appellant ought to have been charged in one criminal case but with the offences constituting separate counts in the charge sheet. In the one remaining case, the appellant was brought to court three days later and pleaded guilty to the charge. After considering the appellant’s plea, it is my considered opinion that the appellant has made a case for this court to consolidate the sentences that were imposed on him. The appellant was charged and convicted for similar offences of breaking into a shop and stealing therefrom. In the three criminal cases that he faced with he pleaded guilty to the charges. He admitted his guilt. In the submissions made before this court he told the court that he had reformed and had trained in carpentry and would be a good citizen if released. The appellant was sentenced to serve the imprisonment terms on the 26th of October 2004 and the 29th of October 2004 respectively. I will therefore allow his plea for consolidation of the sentences.
I therefore order the sentences which were meted out on the appellant in Nyahururu PMC Criminal Case No. 4582 of 2004, Nyahururu PMC Criminal Case No. 4580 of 2004 and Nyahururu PMC Criminal Case No. 4579 of 2004 be and are hereby consolidated. The appellant will therefore serve one sentence i.e. six years imprisonment in respect of all the offences that he was convicted. The appellant’s appeal is therefore allowed to that extent. The sentence of six years imprisonment shall take effect from the 26th of October 2004. It is so ordered.
DATED at NAKURU this 10th day of March 2006.
L. KIMARU
JUDGE