[2021] KEHC 6064 (KLR)
The court found that the appellant's attempt to combine appeals from two separate criminal cases in a single memorandum was procedurally defective. Furthermore, the court held that the sentences imposed in both cases—three years for burglary and two years for escape from lawful custody—were reasonable and within the...
Source-derived case information.
- Citation
- [2021] KEHC 6064 (KLR)
- Parties
- Applicant: Peter Mureithi Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 94 of 2019
- Procedural Posture
- Criminal Miscellaneous Application / Ruling
- Outcome
- appeal dismissed
- Judges
- A Ali-Aroni
- Legal Topics
- Sentencing Discretion, Plea of Guilty, Joinder of Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mureithi Kariuki
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the appellant was entitled to combine two distinct criminal matters in a single appeal.
- 2 Whether the sentences imposed in the two criminal cases were lawful and warranted interference by the appellate court.
Ratio Decidendi
The court found that the appellant's attempt to combine appeals from two separate criminal cases in a single memorandum was procedurally defective. Furthermore, the court held that the sentences imposed in both cases—three years for burglary and two years for escape from lawful custody—were reasonable and within the discretion of the trial court. The appellant had pleaded guilty in both cases, and the trial court had considered his mitigation before sentencing. No error or misdirection was found in the sentencing process, and the offences were serious in nature. Consequently, there was no basis for the appellate court to interfere with the sentences or the convictions. The appeal was...
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed on both procedural and substantive grounds.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL MISC. APPLICATION NO.94 OF 2019
PETER MUREITHI KARIUKI..........................APPLICANT
VERSUS
REPUBLIC...........................................................RESPONDENT
RULING
1. The appeal is defective in the sense that the appellant has combined two matters in his memorandum of appeal.
2. The appellant was charged with the offence of burglary contrary to Section 304(2) of the Penal Code on the 1st of September 2018 in Criminal Case No. 693 of 2018. He pleaded guilty to the offence, was convicted and failed for 3 years on the 1st of October 2018.
3. While serving his jail term and while taken to perform cleaning duties at P.C. Residence within Garissa he escaped from lawful custody. He was apprehended and charged accordingly in Criminal Case NO. 830 of 2018. He pleaded guilty, was convicted and sentenced to 2 years on 14th November 2018.
4. If aggrieved with the sentences in the two matters, the Appellant ought to have filed separate appeals as the cases are distinct and separate.
5. In his oral submissions in court the appellant mitigated and sought for forgiveness, informing the court that he is remorseful and has learnt his lesson.
6. The State opposed the appeal on grounds that the trial court followed due process. Further that the appellant mitigated before sentence which the trial court considered and the appeal should therefore be dismissed.
7. As indicated above the appellant pleaded guilty to the offences that faced him and was convicted on his own plea of guilt.
8. Apart from the technical issues facing the appeal, sentencing is a matter of discretion. The offences committed by the appellant are both very serious. I am of the view that each attracted a reasonable sentence, which were meted out and I therefore see no reason to interfere with the sentences.
9. For the two reasons above the Appeal is dismissed on both scores.
DELIVERED AND SIGNED AT GARISSA THIS 10TH DAY OF JUNE, 2021.
.........................
ALI-ARONI
JUDGE