[2023] KEHC 103 (KLR)

[2023] KEHC 103 (KLR)

The High Court found that the trial court's sentence required revision to ensure that the sentences for counts 2 and 3 run concurrently, as they arose from the same transaction. The court also held that the period already served by the applicant should be deducted from the total sentence. The revised sentence...

Source-derived case information.

Citation
[2023] KEHC 103 (KLR)
Parties
Applicant: Bernard Kimutai Kemboi; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Criminal Revision E114 of 2022
Procedural Posture
Criminal Revision / Sentence Revision
Outcome
sentence revised
Judges
JM Bwonwong'a
Legal Topics
Sentencing Principles, Revision of Sentence, Concurrent Sentences
Source Language
en
Criminal Law Sentencing Principles Revision of Sentence Concurrent Sentences

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Summary, issues, holding and outcome

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Parties

Bernard Kimutai Kemboi

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Sentence Revision

Legal Issues

  1. 1 Whether the sentence imposed by the trial court was lawful and appropriate.
  2. 2 Whether the sentences on counts 2 and 3 should run concurrently or consecutively.
  3. 3 Whether the period already served by the applicant should be considered in the revised sentence.

Ratio Decidendi

The High Court found that the trial court's sentence required revision to ensure that the sentences for counts 2 and 3 run concurrently, as they arose from the same transaction. The court also held that the period already served by the applicant should be deducted from the total sentence. The revised sentence imposed a fine of Kshs. 200,000 on count 1, with a default sentence of one year imprisonment, and a concurrent sentence of two years less two months on counts 2 and 3, effective from the date of conviction. The total imprisonment term was set at three years less two months, reflecting the time already served.

Court Disposition

sentence revised

Orders

  • On count 1, the applicant to pay a fine of Kshs. 200,000 or serve one year imprisonment in default.
  • On counts 2 and 3, the applicant to serve a concurrent sentence of two years less two months, effective from the date of conviction.