[2022] KEHC 10983 (KLR)
The court adopted the probation officer's recommendation against the applicant's release, finding no sufficient basis to alter the custodial sentence. The court further clarified that the sentences for the two counts should run concurrently, not consecutively, and directed the prison authorities to amend their...
Source-derived case information.
- Citation
- [2022] KEHC 10983 (KLR)
- Parties
- Applicant: Hesbon Ratemo Nyandika; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E032 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of sentence dismissed; sentences to run concurrently; period in custody to be considered in sentence computation.
- Judges
- JN Kamau
- Legal Topics
- Sentencing Principles, Concurrent Sentences, Grievous Harm, Assault, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hesbon Ratemo Nyandika
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant should be released on probation as recommended by the probation officer.
- 2 Whether the sentences for the two counts should run concurrently or consecutively.
- 3 How the period spent in custody prior to sentencing should be computed in the applicant's sentence.
Ratio Decidendi
The court adopted the probation officer's recommendation against the applicant's release, finding no sufficient basis to alter the custodial sentence. The court further clarified that the sentences for the two counts should run concurrently, not consecutively, and directed the prison authorities to amend their records accordingly. The court also ordered that the period the applicant spent in custody prior to sentencing be considered in computing his sentence, in line with section 333(2) of the Criminal Procedure Code.
Court Disposition
Application for revision of sentence dismissed; sentences to run concurrently; period in custody to be considered in sentence computation.
Orders
- The applicant shall continue to serve his sentence in custody.
- The sentences on the two counts shall run concurrently.
Full Case Text
Judgment text and source record
16 paragraphs
Nyandika v Republic (Criminal Revision E032 of 2022) [2022] KEHC 10983 (KLR) (4 August 2022) (Ruling)
Neutral citation: [2022] KEHC 10983 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E032 of 2022
JN Kamau, J
August 4, 2022
Between
Hesbon Ratemo Nyandika
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of grievous harm contrary to section 234 of the Penal Code Cap 63 (Laws of Kenya). He was also charged with the offence of assault contrary to section 251 of the Penal Code. He denied the charges but was subsequently convicted and sentenced to serve three (3) years imprisonment for count I and one (1) year for count II on 21/6/2021. There was no indication how the sentence was to run. The Report of Ngetich Nicholas Kibet Probation Officer that was filed on 1/8/2022 does not recommend the release of the Applicant as he was troublesome and his family was not at peace as he was in custody. Accordingly, I hereby adopt the recommendation of the Report and direct that the Applicant continues to serve his sentence in custody. He is at liberty to file a fresh application at the appropriate time for consideration by the court. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 4TH AUGUST 2022J. KAMAUJUDGEFURTHER ORDERSIt is hereby directed that the sentences on the two (2) counts run concurrently. The Prison Department is hereby directed to amend their records accordingly. The earliest date of release ought to be indicated as 22/4/2023 which sentence will take into account the period of days between his date of arrest on 18/2/2022 and the date when he was sentenced on 22/4/2022 while computing his sentence in line with section 333(2) of the Criminal Procedure CodeCap 75 (Laws of Kenya). Orders accordingly.DATED AND DELIVERED AT NYAMIRA ON THIS 4TH AUGUST 2022. J. KAMAUJUDGE