[2024] KEHC 2439 (KLR)
The trial magistrate had already considered the period served in remand when imposing the sentence, reducing the statutory minimum from 20 years to 18 years, and further to 15 years after considering other factors. Therefore, there was no basis to further reduce the sentence on account of remand time. However, the...
Source-derived case information.
- Citation
- [2024] KEHC 2439 (KLR)
- Parties
- Applicant: Menelik Billy Parkolwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E001 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- partly allowed
- Judges
- RB Ngetich
- Legal Topics
- Defilement, Sentencing Principles, Concurrent Sentences, Remand Periods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Menelik Billy Parkolwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the period served in remand should be computed in the sentence imposed by the trial court.
- 2 Whether the sentences in the two offences should run concurrently.
Ratio Decidendi
The trial magistrate had already considered the period served in remand when imposing the sentence, reducing the statutory minimum from 20 years to 18 years, and further to 15 years after considering other factors. Therefore, there was no basis to further reduce the sentence on account of remand time. However, the court found merit in the applicant's request for the sentences in the two offences to run concurrently and allowed that prayer, ordering that the sentences in file No. E007/2022 and E307/2022 run concurrently.
Court Disposition
partly allowed
Orders
- The sentences in file No. E007/2022 and E307/2022 shall run concurrently.
- No further reduction of sentence on account of remand period.
Full Case Text
Judgment text and source record
19 paragraphs
Parkolwa v Republic (Criminal Revision E001 of 2024) [2024] KEHC 2439 (KLR) (11 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2439 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Criminal Revision E001 of 2024
RB Ngetich, J
March 11, 2024
Between
Menelik Billy Parkolwa
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act. The particulars of the charge were that on the date of 27th July 2021 at 1500 hrs in Baringo South Sub-County within Baringo County, intentionally caused his penis to penetrate the vagina of SN a child aged 14 years.
2. The Alternative charge was the offence of committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act. The particulars of the charge were that on the date of 27th July 2021 at 1500 hrs in Baringo South Sub-County within Baringo County, intentionally touched the vagina, breast and buttocks of SN a child aged 14 years with his hands.
3. I have considered the application to have period served in remand computed in the sentence imposed by trial court. However, upon perusal of the lower court file, I note that the trial while sentencing the applicant noted that the minimum sentence for the offence the applicant was charged with is 20 years and taking into consideration the period served in remand, the trial magistrate reduced the sentence to 18 years imprisonment. She was clear that from 20 years she was reducing the period served in remand to come up with 18 years and taking into consideration other factors, she further reduced the period down to 15 years. In view of the above, period served in remand was taken into consideration as provided under section 333(2) of the Criminal Procedure Code.
4. In respect to prayer to have sentences in the 2 offences run concurrently, I am inclined to allow the prayer. Sentence in file No. E007/2022 and E307/2022 to run concurrently.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KABARNET THIS 11TH DAY OF MARCH 2024. ........................................RACHEL NGETICHJUDGEIn the presence of :- Applicant present.- Ms Ratemo for State.- Kibet, Court Assistant.