[2012] KEHC 5243 (KLR)
The court found that the two criminal cases involved the same person but were materially different in substance. The applicant was already serving the sentences in a manner where the 14-month sentence would be served first, followed by the remainder of the 3-year sentence, effectively running consecutively as per...
Source-derived case information.
- Citation
- [2012] KEHC 5243 (KLR)
- Parties
- Applicant: Francis Kedogo Kisangi; Respondent: State
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Constitutional Reference 6 of 2011
- Procedural Posture
- Constitutional Reference / Ruling on Application for Consolidation of Criminal Sentences
- Outcome
- application dismissed
- Judges
- HK Chemitei
- Legal Topics
- Concurrent Sentences, Consolidation of Cases, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Kedogo Kisangi
Applicant
State
Respondent
Procedural Posture
Constitutional Reference / Ruling on Application for Consolidation of Criminal Sentences
Legal Issues
- 1 Whether the applicant is entitled to consolidation of Kisumu Criminal Case No. 136 of 2010 and Kisumu Criminal Case No. 98 of 2010.
- 2 Whether the sentences in the two criminal cases should run concurrently.
Ratio Decidendi
The court found that the two criminal cases involved the same person but were materially different in substance. The applicant was already serving the sentences in a manner where the 14-month sentence would be served first, followed by the remainder of the 3-year sentence, effectively running consecutively as per the judgments already delivered. The court held that there was no necessity for consolidation or for altering the manner in which the sentences were to be served, as the sentences were already structured to run in accordance with the law. Accordingly, the application for consolidation and for concurrent running of sentences was dismissed.
Court Disposition
application dismissed
Orders
- The applicant's application dated 31-10-2011 is dismissed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
CONST. REFERENCE NO. 6 OF 2011
FRANCIS KEDOGO KISANGI…………………………………....……APPLICANT
VERSUS
STATE………………………….…………………..………….……...RESPONDENT
R U L I N G
When this matter came up for hearing of the applicant’s application dated 31-10-2011 the parties conceded that the court peruses the said application and make the necessary findings.
I have gone through the chamber summons and all that the applicant is asking is that the two cases namely Kisumu Criminal case No. 136 of 2010and Kisumu Criminal case No. 98 of 2010 be consolidated and the sentences to run concurrently.
The two cases refer to the same person namely the appellant. The two cases have further been concluded and judgment given. The applicant is serving 14 months imprisonment under criminal case No. 136 of 2010 and 3 years under criminal case No. 98 of 2010. In my opinion the two cases are materially different. As a matter of fact the appellant is serving term concurrently. As soon as 14 month shall elapse then he shall continue serving the remainder of 3 years which in any event run from 8-9-2011. There is therefore no need of consolidation or otherwise.
For the above reason the applicant’s application dated 31-10-2011 is dismissed.
Dated, signed and delivered at Kisumu this 30th day of January, 2012.
H.K. CHEMITEI
JUDGE
HCK/va