[2023] KEHC 1241 (KLR)
The court found that the applicant was a habitual offender involved in theft and narcotic offences, as evidenced by the pre-sentence report. The sentences imposed by the trial court, including the direction that they run consecutively, were deemed appropriate for the purposes of punishment and deterrence. There was...
Source-derived case information.
- Citation
- [2023] KEHC 1241 (KLR)
- Parties
- Applicant: Kelvin Ochieng Mang’ula; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E085 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- AN Ongeri
- Legal Topics
- Sentencing Review, Consecutive Sentences, Habitual Offender, Narcotic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kelvin Ochieng Mang’ula
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence of 8 years imprisonment for the offences committed by the applicant was excessive or unlawful.
- 2 Whether the sentences should run consecutively or concurrently.
- 3 Whether there are grounds to interfere with the trial court's sentencing discretion.
Ratio Decidendi
The court found that the applicant was a habitual offender involved in theft and narcotic offences, as evidenced by the pre-sentence report. The sentences imposed by the trial court, including the direction that they run consecutively, were deemed appropriate for the purposes of punishment and deterrence. There was no illegality or impropriety in the sentences, and no basis for the High Court to interfere with the trial court's discretion. The application for revision was therefore dismissed and the sentences affirmed as lawful.
Court Disposition
application dismissed
Orders
- The revision application is dismissed.
- The sentence of 8 years imprisonment, as imposed by the trial court, is affirmed.
Full Case Text
Judgment text and source record
21 paragraphs
Mang’ula v Republic (Criminal Revision E085 of 2022) [2023] KEHC 1241 (KLR) (16 February 2023) (Ruling)
Neutral citation: [2023] KEHC 1241 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Revision E085 of 2022
AN Ongeri, J
February 16, 2023
Between
Kelvin Ochieng Mang’ula
Applicant
and
Republic
Respondent
Ruling
1. The Applicant filed this Revision Application seeking review of the sentence of 8 years imprisonment meted upon him for the following offences:-(i)Stealing livestock (years’ imprisonment)(ii)Being in possession of cannabis led sativa (3 years imprisonment)(iii)Destroying evidence (2 years imprisonment).
2. The sentences were to run consecutively. I have perused the pre-sentence Report filed by the Probation Officer.
3. The applicant is depicted as a habitual thief who has been terrorizing neighbours and a dealer in narcotic drugs.
4. I find that the sentences meted upon him are appropriate not only for purposes of curbing crime but also to deter others who may be tempted to emulate him
5. The Revision Application filed by the Applicant lacks in merit and the same is dismissed.
6. The sentence meted upon the applicant are lawful.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 16TH DAY OF FEBRUARY, 2023. A. N. ONGERIJUDGE