[2019] KEHC 10145 (KLR)
The court held that, although the High Court on appeal reduced the petitioner.s sentence from death to 15 years imprisonment, it did not specify a new commencement date for the sentence. Therefore, the sentence must be deemed to run from the date of the original sentence by the trial court, which was 9th September...
Source-derived case information.
- Citation
- [2019] KEHC 10145 (KLR)
- Parties
- Petitioner: Moses Ngira Oluoch; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Petition 1 of 2017
- Procedural Posture
- Criminal Petition / Ruling
- Outcome
- Petition allowed to the extent that the sentence of 15 years runs from 9th September 2008.
- Judges
- KW Kiarie
- Legal Topics
- Sentencing Commencement, Robbery With Violence, Appeal Outcomes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Ngira Oluoch
Petitioner
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling
Legal Issues
- 1 Whether the petitioner.s 15-year sentence should run from the date of conviction by the trial court.
Ratio Decidendi
The court held that, although the High Court on appeal reduced the petitioner.s sentence from death to 15 years imprisonment, it did not specify a new commencement date for the sentence. Therefore, the sentence must be deemed to run from the date of the original sentence by the trial court, which was 9th September 2008. The court clarified this to avoid any doubt, confirming that the 15-year sentence runs from the date of the initial sentencing by the trial magistrate.
Court Disposition
Petition allowed to the extent that the sentence of 15 years runs from 9th September 2008.
Orders
- The sentence of fifteen years imprisonment shall run from 9th September 2008, the date of sentencing by the trial magistrate.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
CRIMINAL PETITION NO. 1 OF 2017
MOSES NGIRA OLUOCH......................................... PETITIONER
VERSUS
REPUBLIC................................................................. RESPONDENT
RULING
1. Moses Ngira Oluoch,the petitioner herein, was convicted for the offence of robbery with violence contrary to section 296(2) of the Penal Code in Busia Chief Magistrate’s Court criminal case 46 of 2007. He was sentenced to death. He appealed to the High Court which reduced the sentence to 15 years imprisonment. He was not satisfied and appealed to the Court of Appeal where his appeal was dismissed. His now petitions to this court for a declaratory order that the sentence to run from the time of conviction.
2. The High Court while reducing the sentence said:
On the sentence we note the gravity of offence but also consider the Appellants were first offenders. We also consider the value of the robbed property. The Appellants are asked to serve 15 years jail each. The death sentence is set aside. To that extend therefore, the appeal succeeds.
The court was addressing the sentence that had been imposed by the learned trial magistrate. Even though the court did not specify when it was to run from, there is no doubt time was to run from the date of the sentence of the trial court.
3. For avoidance of doubts, the sentence of fifteen years will run from 9th September 2008 when the petitioner was sentenced by the learned trial magistrate.
DELIVEREDandSIGNEDatBUSIA this 6thdayof February, 2019
KIARIE WAWERU KIARIE
JUDGE