[2024] KEHC 13280 (KLR)
The court found that the offences for which the applicant was convicted—stealing and escape from lawful custody—were committed at different times. As a result, there was no basis to order that the sentences run concurrently. The application for concurrent running of sentences was therefore dismissed for lack of merit.
Source-derived case information.
- Citation
- [2024] KEHC 13280 (KLR)
- Parties
- Applicant: Naaman Aila Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E029 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Concurrent Sentences, Stealing Offence, Escape From Custody, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naaman Aila Owino
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the sentences imposed in Bondo PM Cr. Case No. E151/2022 and E159/2022 should run concurrently.
Ratio Decidendi
The court found that the offences for which the applicant was convicted—stealing and escape from lawful custody—were committed at different times. As a result, there was no basis to order that the sentences run concurrently. The application for concurrent running of sentences was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application dated 1/3/2023 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Owino v Republic (Miscellaneous Criminal Application E029 of 2023) [2024] KEHC 13280 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13280 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E029 of 2023
RE Aburili, J
October 22, 2024
Between
Naaman Aila Owino
Applicant
and
Republic
Respondent
Ruling
1. The applicant Naaman Aila Owino was convicted vide Bondo PM Cr. Case No. E151/2022 of the offence of Stealing contrary to Section 278 of the Penal Code and on his own plea of guilty. He was sentenced to serve three (3) years imprisonment on 30/3/2022 and as at that date, he was reportedly serving another sentence in prison hence non-custodial sentence was not suitable for him.
2. It is also important to note that vide Cr. Case No. E159/2022, he was convicted of escape from lawful custody and sentenced to serve one year imprisonment on 25/3/2022.
3. The applicant now applies that the sentences should run concurrently.
4. I have considered the application dated 1/3/2023 and find no merit in it as the offences were committed at different times.
5. The application dated 1/3/2023 is dismissed. This file is closed.
RULING DATED, SIGNED AND DELIVERED THIS 22ND DAY OF OCTOBER, 2024R. E. ABURILIJUDGE