[2015] KEHC 5157 (KLR)
The court held that since the two sentences arose from different cases and were imposed on different dates, each sentence should run on its own. However, the accused is entitled to serve the sentences concurrently, meaning the periods of imprisonment will overlap. The accused cannot benefit from the period served...
Source-derived case information.
- Citation
- [2015] KEHC 5157 (KLR)
- Parties
- Applicant: Republic; Respondent: Daniel Kariuki Kiarie
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 145 of 2015
- Procedural Posture
- Criminal Revision / Orders on Revision
- Outcome
- Sentences to run concurrently from the date of the second sentence; no retrospective benefit for time served before the second sentence.
- Judges
- SJ Chitembwe
- Legal Topics
- Sentencing, Concurrent Sentences, Imprisonment Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Daniel Kariuki Kiarie
Respondent
Procedural Posture
Criminal Revision / Orders on Revision
Legal Issues
- 1 Whether the sentences in Criminal Case No. 774 of 2013 and Criminal Case No. 662 of 2013 should run concurrently or consecutively.
- 2 Whether the accused is entitled to benefit from the period served under the first sentence before the second sentence was imposed.
Ratio Decidendi
The court held that since the two sentences arose from different cases and were imposed on different dates, each sentence should run on its own. However, the accused is entitled to serve the sentences concurrently, meaning the periods of imprisonment will overlap. The accused cannot benefit from the period served under the first sentence before the second sentence was imposed. Therefore, the sentence in Criminal Case No. 662 of 2013 shall start to run from 4th February, 2015, and the accused will serve the remainder of the two-year sentence from Criminal Case No. 774 of 2013 within the six-year sentence period of Criminal Case No. 662 of 2013. This ensures that the sentences are served...
Court Disposition
Sentences to run concurrently from the date of the second sentence; no retrospective benefit for time served before the second sentence.
Orders
- The sentence in Criminal Case No. 662 of 2013 shall start to run from 4th February, 2015.
- The accused shall serve the remainder of his sentence in Criminal Case No. 774 of 2013 within the sentence period of six years in Criminal Case No. 662 of 2013.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MALINDI
CRIMINAL REVISION NO. 145 OF 2015
REPUBLIC ….............................APPLICANT
VERSUS
DANIEL KARIUKI KIARIE....................RESPONDENT
(From the original conviction and sentence of the Chief Magistrate's Court at Malindi Criminal Case No. 663 of 2013 and 774 of 2013)
ORDERS ON REVISION
I have perused the records of the two files namely Criminal Cases No. 662 of 2013 and 774 of 2013. The accused was sentenced to serve two years imprisonment in Criminal Case No. 774/2013. The sentence was passed on 2nd January, 2014. He has now served over one year. In criminal case No. 662/2013 the accused was sentenced to serve six (6) years. The sentence was passed on 4th February, 2015. Since the sentences were for different cases and judgments were delivered on different dates, each sentence should run on its own. The accused is entitled to the benefit of serving two sentences at the same time. The accused cannot benefit from the period he served between January, 2014 to 4th February, 2015 when the second sentence was passed. The sentence in criminal case no. 662 of 2013 shall start to run from 4th February, 2013. In essence, the accused shall serve the remainder of his sentence in criminal case No. 774 of 2013 of about eight months within the sentence period of six (6) years.
I do find that since there was only one count in each file, each sentence shall run separately but at the same time. The accused shall serve two years imprisonment from 2nd January, 2014 and six (6) years imprisonment from 4th February, 2015.
Delivered and dated at Malindi this 26th day of March, 2015
Said J. Chitembwe
JUDGE