[2023] KEHC 3143 (KLR)
The court found no merit in the application for sentence review. The applicant was convicted and sentenced for causing death by dangerous driving and driving an unroadworthy motor vehicle, resulting in three fatalities. The warrant of committal did not specify whether the sentences were to run concurrently or...
Source-derived case information.
- Citation
- [2023] KEHC 3143 (KLR)
- Parties
- Applicant: Joseph Orinda Juma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E016 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Dangerous Driving, Probation Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Orinda Juma
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant should be allowed to serve the remainder of his sentence under probation.
- 2 Whether the sentences imposed were to run concurrently or consecutively.
Ratio Decidendi
The court found no merit in the application for sentence review. The applicant was convicted and sentenced for causing death by dangerous driving and driving an unroadworthy motor vehicle, resulting in three fatalities. The warrant of committal did not specify whether the sentences were to run concurrently or consecutively. Given that the applicant remained in prison and his own affidavit indicated consecutive sentences, the court presumed the sentences were consecutive. There was no legal or factual basis presented to warrant a review of the sentence or to allow the applicant to serve the remainder of his sentence under probation. The court therefore dismissed the application and ordered...
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- The convict to serve full consecutive sentences imposed.
Full Case Text
Judgment text and source record
22 paragraphs
Juma v Republic (Miscellaneous Criminal Application E016 of 2023) [2023] KEHC 3143 (KLR) (12 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3143 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E016 of 2023
RE Aburili, J
April 12, 2023
Between
Joseph Orinda Juma
Applicant
and
Republic
Respondent
Ruling
1. The Applicant is Joseph Orinda Juma. He seeks vide his application dated and filed on 28th March 2023 that he be allowed to serve the remaining term of his sentence under probation.
2. From the Warrant of commitment to prison dated 10th December 2021 vide Kisumu Chief Magistrate Criminal Case No 330 of 2020, he was sentenced to pay various fines in three counts of causing death by dangerous driving and driving an un roadworthy Motor Vehicle.
3. In default, he was to serve twelve (12) months imprisonment and six (6) months imprisonment respectively. Three lives were lost by dangerous driving of the convict herein.
4. The Warrant of committal does not indicate whether the sentences were to run concurrently or consecutively. However, as the Convict is still in prison, it can only be presumed that sentences were to run consecutively, as his affidavit says so.
5. I find no merit in the application for sentence review. The same is hereby dismissed.
6. The Convict to serve full consecutive sentences imposed.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12THDAY OF APRIL, 2023R. E. ABURILIJUDGE