[2024] KEHC 1757 (KLR)
The court found that both counts—attempted murder and grievous harm—were committed on the same date against the same complainant, constituting a single transaction. According to the Sentencing Policy Guidelines, 2016, where offences arise from a single transaction and involve the same complainant, sentences should...
Source-derived case information.
- Citation
- [2024] KEHC 1757 (KLR)
- Parties
- Applicant: Genesio Mutwiri Mwereria; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E252 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Sentencing Policy, Concurrent Sentences, Consecutive Sentences, Attempted Murder, Grievous Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Genesio Mutwiri Mwereria
Applicant
Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentences for attempted murder and grievous harm should run concurrently or consecutively.
- 2 Whether the offences arose from a single transaction involving the same complainant.
Ratio Decidendi
The court found that both counts—attempted murder and grievous harm—were committed on the same date against the same complainant, constituting a single transaction. According to the Sentencing Policy Guidelines, 2016, where offences arise from a single transaction and involve the same complainant, sentences should run concurrently. The trial court's order for consecutive sentences was therefore erroneous. The court revised the sentence to direct that the 10-year sentences for both counts run concurrently, effective from the date of conviction on 27th October, 2020.
Court Disposition
application allowed
Orders
- The sentences of 10 years in both counts shall run concurrently.
- The sentences shall be computed from the date of conviction on 27th October, 2020.
Full Case Text
Judgment text and source record
21 paragraphs
Mwereria v Director of Public Prosecutions (Criminal Revision E252 of 2023) [2024] KEHC 1757 (KLR) (22 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1757 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Revision E252 of 2023
TW Cherere, J
February 22, 2024
Between
Genesio Mutwiri Mwereria
Applicant
and
The Director of Public Prosecutions
Respondent
Ruling
1. Applicant was charged and convicted for attempted murder contrary to section 220(a) of the Penal Code and Grievous harm contrary to section 234 of the same Act.
2. Applicant was sentenced to serve 10 years imprisonment in each count. It was ordered that the sentences would run consecutively.
3. Applicant seeks review on the ground that the sentences in both counts ought to have run consecutively.
4. The provisions of the Sentencing Policy Guidelines, 2016 (“the Guidelines”) published by the Kenya Judiciary (at para. 7. 13) provide that where the offences emanate from a single transaction, the sentences should run concurrently. However, where the offences are committed in the course of multiple transactions and where there are multiple victims, the sentences should run consecutively.
5. From the record, it is apparent that the 1st and 2nd counts were committed on the same date against the same complainant and the sentences thereon ought to have run concurrently.
6. For the foregoing reasons, it is hereby ordered:1. The sentences of 10 years in both counts shall run concurrently2. The sentences shall be computed from the date of conviction on 27th October, 2020
DELIVERED AT MERU THIS 22ND DAY OF FEBRUARY 2024WAMAE. T. W. CHEREREJUDGEIn the presence of:Court Assistants - Kinoti/MuneneApplicant - In personFor DPP - Ms. Rita (PC-1)