[2025] KEHC 8612 (KLR)

[2025] KEHC 8612 (KLR)

The court held that, by virtue of section 37(2) of the Penal Code, it could not order the sentences to run concurrently because one of the sentences was a default sentence for failure to pay a fine. However, considering the period already served by the applicant, and after accounting for remission, the applicant had effectively served the full term of the consecutive sentences. Therefore, the applicant was entitled to immediate release unless otherwise lawfully held.

Citation
[2025] KEHC 8612 (KLR)
Parties
Applicant: Charles Watatua Ngunia; Respondent: Republic
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Judgment Date
19 June 2025
Case Number
Miscellaneous Criminal Application E044 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling
Outcome
application allowed in part
Judges
EM Muriithi
Legal Topics
Sentencing Concurrency, Default Sentences, Remission of Sentence
Source Language
English
Criminal Law Sentencing Concurrency Default Sentences Remission of Sentence

Case Brief

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Parties

Charles Watatua Ngunia

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling

Legal Issues

  1. 1 Whether the court can order sentences to run concurrently where one is a default sentence for failure to pay a fine under section 37(2) of the Penal Code.
  2. 2 Whether the applicant is entitled to release after serving the consecutive sentences with remission.

Ratio Decidendi

The court held that, by virtue of section 37(2) of the Penal Code, it could not order the sentences to run concurrently because one of the sentences was a default sentence for failure to pay a fine. However, considering the period already served by the applicant, and after accounting for remission, the applicant had effectively served the full term of the consecutive sentences. Therefore, the applicant was entitled to immediate release unless otherwise lawfully held.

Court Disposition

application allowed in part

Orders

  • The applicant shall be released from custody forthwith unless otherwise lawfully held.