[2019] KEHC 2547 (KLR)
The court held that, pursuant to Section 14 of the Criminal Procedure Code, sentences for multiple offences are to run consecutively unless the court directs otherwise. In this case, the court directed that the two-year sentences on counts 2 and 3 are to run concurrently with the 30-year sentence on count 1. The...
Source-derived case information.
- Citation
- [2019] KEHC 2547 (KLR)
- Parties
- Applicant: Samson Ochieng Ogaja; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 13 of 2019
- Procedural Posture
- Criminal Application / Judgment
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Sentencing Principles, Remission of Sentence, Concurrent and Consecutive Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Samson Ochieng Ogaja
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Judgment
Legal Issues
- 1 Whether the sentences on counts 2 and 3 should run concurrently with the 30-year sentence on count 1.
- 2 Whether the applicant is entitled to remission of sentence under Section 46 of the Prisons Act.
Ratio Decidendi
The court held that, pursuant to Section 14 of the Criminal Procedure Code, sentences for multiple offences are to run consecutively unless the court directs otherwise. In this case, the court directed that the two-year sentences on counts 2 and 3 are to run concurrently with the 30-year sentence on count 1. The court further affirmed that remission of sentence is generally available to all convicted criminal prisoners unless specifically excluded by Section 46(3) and (4) of the Prisons Act. The application was therefore allowed, and the sentences on counts 2 and 3 were ordered to run concurrently with the principal sentence.
Court Disposition
application allowed
Orders
- The sentence of two years on counts 2 and 3 is to run concurrently with the 30 years that the Petitioner has been re-sentenced in count 1.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
(CORAM: CHERERE-J)
CRIMINAL APPLICATION NO. 13 OF 2019
IN THE MATTER OF ARTICLES 20, 22, 23, 25, 27, 50 (2) AND 165 OF THE CONSTITUTION OF KENYA, 2010
AND
IN THE MATTER OF SECTION 134, 137A AND B AND 261 OF THE CRIMINAL PROCEDURE CODE
BETWEEN
SAMSON OCHIENG OGAJA...........................................APPLICANT
AND
REPUBLIC.......................................................................RESPONDENT
JUDGEMENT
1. The Applicant was initially convicted to death and was resentenced in Kisumu High Court Criminal Petition No. 81 of 2018 to serve 30 years.
2. He has moved this court for remission and direction concerning the sentence that was left abeyance.
3. On appeal, the death sentence on count 1 was upheld and the sentence on count 2 and 3 was reduced to 2 years each.
4. Section 14 of the Criminal Procedure Code Chapter 75 Laws of Kenya provides that in the event that a person is convicted of more than one offence, the sentences imposed for each of the offences run consecutively except where the court directs that they run concurrently.
5. It therefore follows that the sentence of two years on count 2 and 3 are to run concurrently with the 30 years that the Petitioner has been re-sentenced in count 1.
6. The issue of remission under Section 46 of the Prisons Act (the Act) has been determined in innumerable cases and I will not belabor the point that remission of sentence is available to all convicted criminal prisoners unless excluded by operation of Section 46 (3) and (4) of the Act.
Disposition
7. Consequently, the application succeeds and the court orders that the sentence of two years on counts 2 and 3 is to run concurrently with the 30 years that the Petitioner has been re-sentenced in count 1.
DATED AND DELIVERED IN KISUMU THIS 09thDAY OF October2019
T.W. CHERERE
JUDGE
Delivered in open court in the presence of-
Court Assistant - Amondi/Okodoi
Petitioner - Present in person
For the Respondent - Ms. Gathu