[2013] KEHC 1848 (KLR)

[2013] KEHC 1848 (KLR)

The court found that the offences for which the appellant was convicted were back-to-back transactions, and as such, the imposition of consecutive sentences was inappropriate. The proper approach was to impose a concurrent sentence. The court therefore set aside the consecutive sentences and substituted them with a...

Source-derived case information.

Citation
[2013] KEHC 1848 (KLR)
Parties
Appellant: Richard Gitonga Njogu; Respondent: Republic
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Judgment Date
17 October 2013
Case Number
Criminal Appeal 117 of 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part; sentence varied
Legal Topics
False Pretence, Sentencing Principles, Concurrent Vs Consecutive Sentences
Source Language
english
Criminal Law False Pretence Sentencing Principles Concurrent Vs Consecutive Sentences

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Summary, issues, holding and outcome

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Parties

Richard Gitonga Njogu

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was properly convicted of obtaining by false pretence contrary to section 313 of the Penal Code.
  2. 2 Whether the imposition of consecutive sentences for back-to-back transactions was appropriate.

Ratio Decidendi

The court found that the offences for which the appellant was convicted were back-to-back transactions, and as such, the imposition of consecutive sentences was inappropriate. The proper approach was to impose a concurrent sentence. The court therefore set aside the consecutive sentences and substituted them with a single sentence for the time already served, ordering the appellant's release unless otherwise lawfully held.

Court Disposition

appeal allowed in part; sentence varied

Orders

  • The consecutive sentences imposed by the trial court are set aside.
  • A single sentence on the two counts for the time served is substituted.