[2003] KEHC 282 (KLR)
The court found that the two offences were committed two years apart and were not part of the same transaction. Therefore, there was no basis for consolidating the cases or for ordering the sentences to run concurrently. The applicant failed to establish grounds for the relief sought.
Source-derived case information.
- Citation
- [2003] KEHC 282 (KLR)
- Parties
- Applicant: Mwangi Chege; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 848 of 2003
- Procedural Posture
- Criminal Application / Judgment
- Outcome
- application dismissed
- Judges
- BP Kubo
- Legal Topics
- Consolidation of Cases, Concurrent Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwangi Chege
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Judgment
Legal Issues
- 1 Whether the two criminal cases against the applicant should be consolidated.
- 2 Whether the sentences in the two cases should be ordered to run concurrently.
Ratio Decidendi
The court found that the two offences were committed two years apart and were not part of the same transaction. Therefore, there was no basis for consolidating the cases or for ordering the sentences to run concurrently. The applicant failed to establish grounds for the relief sought.
Court Disposition
application dismissed
Orders
- The application for consolidation of Kikuyu Senior Resident Magistrate’s Court Criminal Case Nos.1670 of 2001 and 254 of 2003 is dismissed.
- The application for the sentences to run concurrently is dismissed.
Full Case Text
Judgment text and source record
6 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL APPLICATION NO.848 OF 2003
MWANGI CHEGE ……………………………………. APPLICANT VERSUS REPUBLIC …………………………………………….. RESPONDENT JUDGMENT
Although the offences are said by the applicant in his affidavit to have been tried and decided by the same magistrate, one took place on 26. 02. 01 while the other was committed on 12. 02. 03, i.e. they were 2 years apart. They were clearly not committed in the course of the same transaction. The appellant has not made out any case either for the cases to be consolidated or for the sentences to be made to run concurrently.
The applicant’s application for Kikuyu Senior Resident Magistrate’s Court Criminal Case Nos.1670 of 2001 and 254 of 2003 against himself to be consolidated and for the sentences of 2 years imprisonment passed under each of them to be made to run concurrently is hereby dismissed. Orders accordingly.
Delivered and dated this 9th day of December 2003 B.P. KUBO JUDGE