The High Court dismissed an application to make multiple criminal sentences run concurrently, finding the offences were committed at different times and in separate transactions.
High Court revised a criminal sentence, holding that imprisonment terms for offences committed in the same transaction should run concurrently, not consecutively.
Simon Bajila Joseph v Republic [2025] KEHC 8110 (KLR)
Court
High Court
Case number
Criminal Revision E001 of 2025
Judge
JN Njagi
The High Court at Garsen declined a sentence review application, holding that three years served was insufficient to justify early release for serious wildlife offences.
The High Court found that each count in the charge sheet related to a distinct offence involving either the towing vehicle or the trailer, and thus there was no duplicity. The plea was unequivocal as the appellant understood the charges and facts, admitted them, and did not contradict them during mitigation. The trial court followed the correct procedure in plea taking. The sentences imposed were within statutory limits and not manifestly excessive, and the order for consecutive sentences was within the trial court's discretion. There was no basis for appellate interference with either convic…
Tattani alias Jillo Boku v Republic [2025] KEHC 6699 (KLR)
Court
High Court
Case number
Criminal Appeal E002 of 2025
Judge
FR Olel
The High Court dismissed a criminal appeal for obtaining money by false pretenses, upheld consecutive three-year sentences, and ordered sentence time to run from the arrest date.
The court found that all four offences for which the applicant was convicted and sentenced arose from the same transaction, committed at the same time and place, and were connected by proximity of time and criminal intent. Applying section 14(1) of the Criminal Procedure Code, relevant case law, and the Judiciary Sentencing Policy Guidelines, the court held that the trial magistrate erred in ordering the sentences to run consecutively. The proper approach, in line with established legal principles, is to order concurrent sentences where offences arise from a single transaction. The court exer…
The High Court in Eldoret dismissed a revision application seeking reduced sentences, holding the penalties were lawful, proportionate, and properly made consecutive.
Atsango v Director of Public Prosecution [2024] KEHC 15132 (KLR)
Court
High Court
Case number
Criminal Revision E347 of 2024
Judge
S Mbungi
The High Court at Kakamega reviewed whether the applicant had completed a consecutive six-month sentence on each of three counts and should be released if time had expired.
The High Court revised consecutive 12-month sentences for obtaining money by false pretences, substituting compensation and a 9-month community service order.
The High Court found that the prosecution proved all elements of obtaining money by false pretence against the appellant. The evidence established that the appellant, through misrepresentation and with intent to defraud, obtained Ksh. 2,350,000 from the complainant by falsely representing that he could sell a parcel of land he did not own. The court found the appellant's defence to be an afterthought and unsupported by evidence. The trial court properly acquitted the appellant on charges not proved but correctly convicted him on the counts of obtaining by false pretence. The sentence imposed,…