[2019] KEHC 12142 (KLR)
The court found that the applicant had been convicted and sentenced in four separate criminal cases for similar offences of stealing and breaking into buildings, all committed within a short period. The sentences, if served consecutively, would result in a cumulative term of six years, which the court deemed...
Source-derived case information.
- Citation
- [2019] KEHC 12142 (KLR)
- Parties
- Appellant: Isaiah Aluodo Belek; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 136 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- LK Kimaru
- Legal Topics
- Sentencing Consolidation, Custodial Sentences, Plea of Guilty, Stealing Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaiah Aluodo Belek
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentences imposed in separate criminal cases against the applicant should be consolidated into a single sentence.
- 2 Whether the applicant is entitled to have the sentences run concurrently or as a single consolidated term.
Ratio Decidendi
The court found that the applicant had been convicted and sentenced in four separate criminal cases for similar offences of stealing and breaking into buildings, all committed within a short period. The sentences, if served consecutively, would result in a cumulative term of six years, which the court deemed excessive in the circumstances. The prosecution did not oppose the application for consolidation. Exercising its discretion, the court set aside all previous custodial sentences and substituted them with a single consolidated sentence of three and a half years imprisonment, effective from the date of the earliest sentence. This approach was taken to ensure proportionality and fairness...
Court Disposition
application allowed
Orders
- All custodial sentences imposed by the various magistrates' courts are set aside.
- The applicant shall serve a single consolidated custodial sentence of three and a half years imprisonment with effect from 18th August 2018.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO.136 OF 2019
ISAIAH ALUODO BELEK.................................................APPELLANT
VERSUS
REPUBLIC.......................................................................RESPONDENT
RULING
The Applicant, Isaiah Aluodo Belek was charged in four (4) different criminal cases. In all the criminal cases, he pleaded guilty to the charges. In Nairobi CM Criminal Case No.1497 of 2018, he was charged with three (3) counts of breaking into a building and committing a felony namely stealing contrary to Section 306(a)of the Penal Code. The particulars of the offence were that on 9th August 2018 at Westlands Area he broke into a building known as Pride Inn owned by Shabir Kasam and stole therefrom various electronic equipment belonging to residents in the said building. He was sentenced to serve one and a half (1?2) years imprisonment in each of the counts. The sentences were ordered to run concurrently. The sentence was meted out on 3rd September 2018. In Nairobi CM Criminal Case No.1490 of 2018, the Applicant was convicted of stealing contrary to Section 268(1) as read with Section 275 of the Penal Code. The particulars of the offence were that on 29th May 2018, he stole various electronic equipment at KICC Marketing Waiting Bay. He was sentenced to serve one (1) year imprisonment. The sentence was meted out on 18th August 2018.
He was further charged in Nairobi CM. Criminal Case No.1532 of 2018 for stealingcontrary to Section 268(1) as read with Section 275 of the Penal Code. The particulars of the offence were that on 26th June 2018 at KUSCO Building in Upper Hill Nairobi, the Appellant stole various electronic equipment. He was sentenced to serve eighteen (18) months imprisonment. The sentence was meted out on 5th September 2018. In Nairobi CM Criminal Case No.1488 of 2018, the Appellant was charged with stealing contrary to Section 275 of the Penal Code. The particulars of the offence were that on 12th June 2018 at Westlands in Nairobi, the Appellant stole several electronic equipment. He was sentenced to serve two (2) years imprisonment on 28th August 2018.
The effect of the various custodial sentences that were meted out by the various courts is that the Appellant will serve a cumulative custodial sentence of six (6) years imprisonment. The Applicant has applied to this court to have the said custodial sentences consolidated so that he can serve one custodial sentence. The prosecution was not opposed to this application. In the premises therefore, the court sets aside all the custodial sentences that were imposed on the Applicant, by the various magistrates’ court and substitute’s it with one consolidated custodial sentence of this court. The Applicant shall therefore serve three and a half (3?2) years imprisonment with effect from 18th August 2018. It is so ordered.
DATED AT NAIROBI THIS 19TH DAY OF DECEMBER 2019
L. KIMARU
JUDGE