[2012] KEHC 3360 (KLR)
The court found that the two offences for which the applicant was convicted—obtaining money by false pretences and stealing—were committed in the course of the same transaction and involved the same complainant. In such circumstances, and in line with established legal principles and the concession by the...
Source-derived case information.
- Citation
- [2012] KEHC 3360 (KLR)
- Parties
- Respondent: Republic; Applicant: Gerald Mungai Mwangi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 344 of 2011
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consolidation of Sentences
- Outcome
- application allowed; sentences to run concurrently
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Sentencing, Concurrent Sentences, False Pretences, Stealing, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Gerald Mungai Mwangi
Applicant
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consolidation of Sentences
Legal Issues
- 1 Whether the sentences for obtaining money by false pretences and stealing should run concurrently or consecutively.
- 2 Whether the offences arose from the same transaction and involved the same complainant.
Ratio Decidendi
The court found that the two offences for which the applicant was convicted—obtaining money by false pretences and stealing—were committed in the course of the same transaction and involved the same complainant. In such circumstances, and in line with established legal principles and the concession by the prosecution, the court held that the sentences should run concurrently rather than consecutively. The court exercised its revisionary jurisdiction under Section 364 of the Criminal Procedure Code to set aside the order of the trial magistrate and substitute it with an order for concurrent sentences. The court also noted that the complainant has recourse to civil proceedings to recover...
Court Disposition
application allowed; sentences to run concurrently
Orders
- The order of the trial magistrate directing consecutive sentences is set aside.
- The sentences for both counts shall run concurrently.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
MISCELLANEOUS CRIMINAL APPLICATION 344 OF 2011
REPUBLIC...............................................................................................PROSECUTOR
VERSUS
GERALD MUNGAI MWANGI.......................................................................APPLICANT
RULING
The applicant was convicted of two offences namely obtaining money by false pretences contrary to Section 313 of the Penal Code and stealing contrary to Section 275 of the Penal Code. He was then sentenced to 3 years imprisonment on each count and sentences ordered to run consecutively such that he was to serve six years imprisonment. Following the said conviction and sentence, he filed an application by way of Chamber Summons in which he pleaded that his prison terms should be consolidated.
When the application came up for hearing the learned counsel for the Republic did not oppose the application and conceded that the sentences should be ordered to run concurrently. I have looked at the proceedings starting with the charge sheet. The two offences were committed during the same transaction and the complainant in the offences in which the applicant was convicted is the same person.
With respect I agree with the learned counsel for the Republic and under Section 364 of the Criminal Procedure Code Cap 75 Laws of Kenya, I hereby set aside the order of the learned trial magistrate and substitute therefor and order that, the sentences shall run concurrently. The complainant has a remedy in civil jurisdiction to reclaim the money lost.
Orders accordingly.
Dated, signed and delivered at Nairobi this 26th day of June , 2012.
A.MBOGHOLI MSAGHA
JUDGE