[2016] KEHC 4304 (KLR)
The court found that the offences for which the appellant was convicted arose from a single transaction, and therefore, the sentences for counts I, II, and III should run concurrently rather than consecutively. The court also considered that the appellant had been in prison since 2013 and determined that the...
Source-derived case information.
- Citation
- [2016] KEHC 4304 (KLR)
- Parties
- Appellant: Titus Ochieng Odougi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 97 of 2013
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced; appellant released unless otherwise lawfully held
- Legal Topics
- Causing Death by Reckless Driving, Sentencing Policy, Concurrent and Consecutive Sentences, Failure to Report Accident
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titus Ochieng Odougi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentences for multiple counts arising from a single transaction should run concurrently or consecutively.
- 2 Whether the sentence imposed was excessive given the circumstances of the case.
Ratio Decidendi
The court found that the offences for which the appellant was convicted arose from a single transaction, and therefore, the sentences for counts I, II, and III should run concurrently rather than consecutively. The court also considered that the appellant had been in prison since 2013 and determined that the appropriate sentence was time served. The court further ordered the suspension of the appellant's driving license for five years from 16th August 2013. The appeal was thus allowed to the extent of reducing the sentence and ordering the appellant's immediate release unless otherwise lawfully held.
Court Disposition
sentence reduced; appellant released unless otherwise lawfully held
Orders
- Sentences on counts I, II, and III to run concurrently and reduced to time served.
- Appellant's driving license suspended for 5 years from 16th August 2013.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KISUMU
CRIMINAL APPEAL NO. 97 OF 2013
BETWEEN
TITUS OCHIENG ODOUGI ...................................................... APPELLANT
AND
REPUBLIC …........................................................................... RESPONDENT
(Being an Appeal from Original Conviction and Sentence from Nyando Senior Principal Magistrates Court, Hon B.M. Kimutai, SRM dated 13th August 2013 in Traffic Case No. 351 of 2013)
J U D G M E N T
TITUS OCHIENG ODOUGI, the appellant herein, pleaded guilty to three counts of causing death by reckless driving contrary to section 46of the Traffic Act (Chapter 403 of the Laws of Kenya). He also pleaded guilty to one count of failing to report an accident contrary to section 73(3) of the Traffic Act.
According to the particulars and facts read in the lower court, he was driving a Mercedes Benz registration No. KPL 503 along Katito-Kendu Bay Road on the August 2013. It was stated that he drove the vehicle recklessly and caused the death of three pedestrians. JACK OMONDI OGUTU, MERCYLINE ATIENOand WYCLIFF OJWAN'G. He thereafter failed to report the accident.
He was sentenced to 5 years imprisonment on the first three counts and on the fourth one 2 months imprisonment in default of paying a fine of Kshs.3,500/=. He appealed against conviction and sentence although at the hearing of the appeal, he urged the court to reduce his sentence. Learned counsel for the state does not object to the reduction in the sentence.
I however note, that the learned magistrate failed to state whether the sentence would run concurrently or consecutively though the remand warrant states that the sentences run consecutively As the offences were committed in one transaction, the general rule is that the sentences are concurrent unless the court orders otherwise for a good reason (see Para. 7. 13 of the Sentencing Policy Guidelines).
In this case, the appellant has been in prison since the year 2013. Accordingly, the sentence on counts I, II and III are ordered to run concurrently and the same are reduced to time served. However the appellant's driving license shall be suspended for a period of 5 years from 16th August 2013.
The appellant is therefore released forthwith unless otherwise lawfully held.
DATED, SIGNEDandDELIVERED at KISUMU this 18th day of July, 2016.
D. S. MAJANJA
J U D G E
Appellant in person.
Ms Chelangat, Prosecution Counsel, instructed by the Director of Public Prosecutions for the respondent.