[2019] KEHC 12062 (KLR)
The court found that the imposition of consecutive sentences in the Applicant's circumstances would result in injustice, particularly given the period already spent in remand custody and the lack of opposition from the prosecution. The court exercised its discretion to consolidate the sentences from the three...
Source-derived case information.
- Citation
- [2019] KEHC 12062 (KLR)
- Parties
- Applicant: Leonard Musembi Mutisya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 1209 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- LK Kimaru
- Legal Topics
- Sentencing Principles, Concurrent Sentences, Remand Custody Credit
- 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
Leonard Musembi Mutisya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentences imposed on the Applicant in different criminal cases should run concurrently or consecutively.
- 2 Whether the period spent in remand custody should be considered in determining the effective sentence.
Ratio Decidendi
The court found that the imposition of consecutive sentences in the Applicant's circumstances would result in injustice, particularly given the period already spent in remand custody and the lack of opposition from the prosecution. The court exercised its discretion to consolidate the sentences from the three criminal cases and ordered that the Applicant serve a single custodial sentence of two years imprisonment, effective from 23rd November 2018, covering all the relevant cases. This approach ensured fairness and compliance with the principles governing concurrent sentencing and consideration of time spent in custody.
Court Disposition
application allowed
Orders
- The sentences imposed in Criminal Case No.1751 of 2010, Criminal Case No.955 of 2013, and Criminal Case No.1773 of 2013 are consolidated.
- The Applicant shall serve a sentence of two (2) years imprisonment with effect from 23rd November 2018, covering all the aforementioned cases.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CR. REVISION NO.1209 OF 2018
LEONARD MUSEMBI MUTISYA...................................................APPLICANT
VERSUS
REPUBLIC.......................................................................................RESPONDENT
RULING
The Applicant, Leonard Musembi Mutisya was convicted by various courts for the offences of obtaining money by false pretences contrary to Section 313 of the Penal Codeand stealing contrary to Section 268(1) of the Penal Code. In Nairobi Chief Magistrate’s Court Criminal Case No.1751 of 2010, he was sentenced to serve one (1) year imprisonment on 27th April 2018. In Criminal Case No.955 of 2013, he was sentenced to serve six (6) months imprisonment on 27th July 2018. In Criminal Case No.1773 of 2013, he was sentenced to serve two (2) years imprisonment on 13th November 2018. In addition, the Applicant told the court that he had been in remand custody since June 2013. He asked the court to take this period in consideration when determining his sentence. In essence, the Applicant was pleading with the court to have the sentences that were meted on him order to run concurrently instead of consecutively. Ms. Akunja for the State did not oppose the application. She was of the view that the sentences should be consolidated and thereafter the court orders the same to run concurrently instead of consecutively.
This court has carefully considered the Applicant’s application. The Applicant was sentenced by various courts to serve various terms of imprisonment. It was clear to this court that the resultant custodial sentences have occasioned injustice to the Applicant. Since the prosecution is not opposed to the application, this court consolidates the sentences imposed on the Applicant and orders that the Applicant serves a sentence of two (2) years imprisonment with effect from 23rd November 2018. This custodial sentence shall apply to Criminal Case No.1751 of 2010, Criminal Case No.955 of 2013 and Criminal Case No.1773 of 201. It is so ordered.
DATED AT NAIROBI THIS 5TH DAY OF NOVEMBER 2019
L. KIMARU
JUDGE