[2017] KEHC 3629 (KLR)
The court found that the applicant had been convicted and sentenced in two separate criminal cases for similar offences of burglary and stealing, but the sentencing courts were unaware of the other conviction due to the matters being heard by different magistrates. The applicant's request for the sentences to run...
Source-derived case information.
- Citation
- [2017] KEHC 3629 (KLR)
- Parties
- Appellant: Thomas Otieno Otieno alias Ogoga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 12 of 2017
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Concurrent Sentencing
- Outcome
- Application allowed. Sentences in Homa Bay CM Criminal Case No 84 of 2015 and No 85 of 2015 to run concurrently.
- Judges
- DO Ohungo
- Legal Topics
- Sentencing, Concurrent Sentences, Burglary, Stealing, Previous Convictions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Otieno Otieno alias Ogoga
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Concurrent Sentencing
Legal Issues
- 1 Whether the sentences in Homa Bay CM Criminal Case No 84 of 2015 and No 85 of 2015 should run concurrently.
- 2 Whether the court was aware of the applicant's previous conviction at the time of sentencing.
Ratio Decidendi
The court found that the applicant had been convicted and sentenced in two separate criminal cases for similar offences of burglary and stealing, but the sentencing courts were unaware of the other conviction due to the matters being heard by different magistrates. The applicant's request for the sentences to run concurrently was not opposed by the prosecution. The court held that it was reasonable and just to allow the sentences in Homa Bay CM Criminal Case No 84 of 2015 and No 85 of 2015 to run concurrently, thereby granting the applicant's prayer.
Court Disposition
Application allowed. Sentences in Homa Bay CM Criminal Case No 84 of 2015 and No 85 of 2015 to run concurrently.
Orders
- The sentences in Homa Bay CM Criminal Case No 84 of 2015 and No 85 of 2015 shall run concurrently.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT HOMA BAY
MIICSELLENEOUS CRIMINAL APPLICATION NO 12 OF 2017
THOMAS OTIENO OTIENO…………………....……..APPELLANT
VERSUS
REPUBLIC………………………………….........….RESPONDENT
RULING
1. The applicant THOMAS OTIENO OTIENO alias OGOGA was convicted for the offence of burglary and stealing contrary to section 304 (2) as read with section 279 (b) of the Penal Code. He committed the offence on 24th December in KOTHITHA village and he stole items worth Kshs 28,000/- from the house of BONIFACE NYAILA ACHIEN’G. He pleaded guilty and was sentenced to serve 3 years for burglary and 4 years for stealing in Homa Bay CM Criminal Case No 84 of 2015. The sentences were to run concurrently.
2. He had been separately tried and convicted in Homa Bay CMCriminal Case NO 85 of 2015 R v THOMAS OTIENO OTIENO alias OGOGA for the offence of burglary and stealing on 3rd January 2015 at KOMOLO village, from the house of JOHN ALEX GENGAwhere he stole assorted household goods and clothes whose total value was given as Kshs522,500 where he was sentenced to serve 1 year. The matters were heard by two different magistrates, so none was aware of the other matter and upon conviction the court record does not reflect that it was made aware that he had a previous conviction. He has urged the court to direct that the sentences in the two matters run concurrently, which request was not opposed by MR OLUOCH on behalf of the DPP. I do not think the request is unreasonable and I allow it. This means the sentence in CRC No 84 of 2015 and CRC No 85 of 2015 shall run concurrently. His prayer is thus allowed.
Delivered and dated this 17th day of August 2017 at Homa Bay
H. A. OMONDI
JUDGE