[2025] KEHC 2648 (KLR)
The court found that the two sentences in question arose from unrelated offences committed on separate days against different victims. As such, there was no legal basis to order the sentences to run concurrently. The application for review of sentence was therefore dismissed for lack of merit.
Source-derived case information.
- Citation
- [2025] KEHC 2648 (KLR)
- Parties
- Appellant: Samuel Kamau Ndungu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E059 of 2022
- Procedural Posture
- Criminal Appeal / Ruling on Application for Review of Sentence
- Outcome
- application for review of sentence dismissed
- Judges
- SM Mohochi
- Legal Topics
- Sentencing Review, Concurrent Sentences, Separate Offences
- 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
Samuel Kamau Ndungu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the court should review the sentences and order them to run concurrently despite arising from separate offences committed on different dates against different victims.
Ratio Decidendi
The court found that the two sentences in question arose from unrelated offences committed on separate days against different victims. As such, there was no legal basis to order the sentences to run concurrently. The application for review of sentence was therefore dismissed for lack of merit.
Court Disposition
application for review of sentence dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Ndungu v Republic (Criminal Appeal E059 of 2022) [2025] KEHC 2648 (KLR) (3 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2648 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Appeal E059 of 2022
SM Mohochi, J
March 3, 2025
Between
Samuel Kamau Ndungu
Appellant
and
Republic
Respondent
Ruling
Ex Tempore Ruling 1. The Applicant withdrew his appeal and urged the Court to review the sentence and have the two sentences running concurrently.
2. The Court has considered this application and finds no merit in the same. Reason being the two sentences are unrelated and relates to two separate offences against 2 separate victims all committed on separate days.
3. The application for review of sentence is thus dismissed.
It is so ordered.
SIGNED, DATED AND DELIVERED AT NAKURU ON THIS 3RDDAY OF MARCH, 2025. MOHOCHI S. M.JUDGE