[2025] KEHC 9779 (KLR)

[2025] KEHC 9779 (KLR)

The court found that the applicant's request for concurrent sentences was without merit because the two offences were committed at different times, places, and under different circumstances, and thus did not arise from a single transaction. The court further held that the applicant was not entitled to an option of a fine in the second case because he was not a first offender, having already been convicted in a similar case. The trial court had already considered the period spent in pre-trial custody when imposing the five-year sentence, as evidenced by the sentencing remarks. Consequently, there was no basis to disturb the sentence or grant any of the orders sought. The application was...

Citation
[2025] KEHC 9779 (KLR)
Parties
Applicant: Vincent Ambwere Okumu; Respondent: Republic
Court
High Court
Court Station
High Court at Iten
Jurisdiction
Kenya
Judgment Date
3 July 2025
Case Number
Criminal Revision E146 of 2024
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Outcome
application dismissed
Judges
E Ominde
Legal Topics
Sentencing Review, Concurrent Sentences, Pre Trial Custody Credit, Narcotic Offences
Source Language
English
Criminal Law Sentencing Review Concurrent Sentences Pre Trial Custody Credit Narcotic Offences

Case Brief

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Parties

Vincent Ambwere Okumu

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Review of Sentence

Legal Issues

  1. 1 Whether the court should review the sentence imposed on the applicant.
  2. 2 Whether the sentences in the two criminal cases should run concurrently.
  3. 3 Whether the trial court took into account the time spent in pre-trial custody as required by law.

Ratio Decidendi

The court found that the applicant's request for concurrent sentences was without merit because the two offences were committed at different times, places, and under different circumstances, and thus did not arise from a single transaction. The court further held that the applicant was not entitled to an option of a fine in the second case because he was not a first offender, having already been convicted in a similar case. The trial court had already considered the period spent in pre-trial custody when imposing the five-year sentence, as evidenced by the sentencing remarks. Consequently, there was no basis to disturb the sentence or grant any of the orders sought. The application was...

Court Disposition

application dismissed

Orders

  • The application for review of sentence is dismissed in its entirety.
  • The sentence of five years' imprisonment in Iten SPM Criminal Case No. E1122 of 2023 is upheld.