[2004] KEHC 2337 (KLR)
The court held that although the appellant was convicted and sentenced in four separate cases of stock theft, all sentences were imposed on the same day. The trial magistrate did not specify whether the sentences were to run concurrently or consecutively. The High Court found that, in such circumstances, the...
Source-derived case information.
- Citation
- [2004] KEHC 2337 (KLR)
- Parties
- Appellant: Richard Kiplangat Lasoi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- ? 38 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed with clarification on sentence concurrency
- Legal Topics
- Sentencing Principles, Concurrent Sentences, Stock Theft, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Kiplangat Lasoi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentences imposed on the appellant in four separate convictions for stock theft should run concurrently or consecutively.
- 2 Whether the total period of imprisonment imposed was excessive in the circumstances.
Ratio Decidendi
The court held that although the appellant was convicted and sentenced in four separate cases of stock theft, all sentences were imposed on the same day. The trial magistrate did not specify whether the sentences were to run concurrently or consecutively. The High Court found that, in such circumstances, the sentences should run concurrently to avoid an excessive total period of imprisonment. Therefore, the appellant would serve the longest single sentence imposed, which was seven years, rather than a cumulative total of 21 years. The appeal against conviction and sentence was dismissed, but the clarification on concurrency of sentences was made to ensure fairness and proportionality in...
Court Disposition
appeal dismissed with clarification on sentence concurrency
Orders
- The sentences in Criminal Appeals Nos. 38, 39, 40, and 41 of 2001 shall run concurrently.
- The appellant shall serve a total of seven years imprisonment as imposed in the longest sentence.
Full Case Text
Judgment text and source record
15 paragraphs
Richard Kiplangat Lasoi v Republic
REPUBLIC OF KENYA
High Court, at Kericho February 26, 2004
Musinga Ag J
Criminal Appeal Case No 38 of 2001
February 26, 2004, Musinga Ag J delivered the following Judgment.
This judgment is in respect of four criminal appeals which were consolidated. The same are High Court Criminal appeals numbers 38, 39, 40 & 41 of 2001 where the appellant in all of them is the same, RICHARD KIPLANGAT LASOI.
In all of them, the original charge was the same, stealing stock contrary to section 278 of the Penal Code. In Criminal appeal No. 38, the offence was committed on the night of 19th and 20th May, 2001 and the appellant pleaded guilty to the charge and was convicted and sentenced to serve seven years imprisonment with 3 strokes of the cane on 3rd October, 2001.
In Criminal appeal No. 39, the offence was committed on the night of 1st and 2nd August 2001 and the appellant pleaded guilty to the charge and on 3rd October, 2001 he was convicted and sentenced to four years imprisonment with 3 strokes of the cane.
In Criminal appeal No. 40, the offence was committed on the night of 3rd and 4th February 2001 and the appellant pleaded guilty to the charge and on 3rd October, 2001 he was sentenced to four years imprisonment with 3 strokes of the cane.
In Criminal appeal No. 41, the offence was committed on the night of 26th and 27th July, 2001 and the appellant pleaded guilty to the charge and on 3rd October, 2001 he was sentenced to serve six years imprisonment with 3 strokes of the cane.
The appellant urged the court to reduce the sentences saying that he had now reformed and he had young children who were suffering.
The learned state counsel opposed the appeals saying that the appellant was an habitual stock thief who had been convicted on his own plea of guilty in all the four cases.
The trial Magistrate sentenced the appellant on the same day but did not indicate whether the sentences were to run concurrently or consecutively. If they were to run consecutively, that is one, after another, the appellant will be in jail for a total of 21 years which would be an excessive period. Considering that the appellant faced different trials on different dates but was sentenced in all the four trials on the same date, the sentences should run concurrently and this in effect means that the appellant will be imprisoned for a total of seven (7) years which was the longest jail term as ordered by the trial court.
The appeal is therefore dismissed but sentence shall be as stated hereinabove.