Case Metadata |
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| Case Number: | Criminal Appeal 882 of 1975 |
|---|---|
| Parties: | Ng’ang’a v Republic |
| Date Delivered: | 11 Feb 1976 |
| Case Class: | Criminal |
| Court: | High Court at Nairobi (Milimani Law Courts) |
| Case Action: | Judgment |
| Judge(s): | Edward Trevelyan, Surrender Kumar Sachdeva |
| Citation: | Ng’ang’a v Republic [1976] eKLR |
| Advocates: | Mr B Chunga for Respondent |
| Court Division: | Criminal |
| County: | Nairobi |
| Advocates: | Mr B Chunga for Respondent |
| Case Summary: | Ng’ang’a v Republic High Court, at Nairobi February 11, 1976 Trevelyan J & Sachdeva Ag J Criminal Appeal No 882 of 1975 Sentencing - Concurrent sentences for two offences committed in one criminal transaction - insufficient sentencing powers. The appellant was convicted of housebreaking and theft committed in one criminal transaction. The trial Magistrate awarded consecutive sentences, citing the accused’s bad record as a reason for doing so. This appeal was against the sentence, with the appellant contending that they should have run consecutively. Held : 1. Concurrent sentences should be awarded for offences committed in one criminal transaction. The fact that the accused had a bad record is no excuse to alter the rule. If the court has insufficient powers to punish it must refer the matter to a higher court as set out in Section 221 of the Criminal Procedure Code. 2. The two sentences are to run concurrently. Appeal against conviction dismissed. Appeal against consecutive sentence allowed. Cases Katungo Mbuki v Republic [1962] EA 682 (approved and followed) Statutes Criminal Procedure Code (Cap 75) Section 221 Advocates Mr B Chunga for Respondent |
| History Advocates: | One party or some parties represented |
| Case Outcome: | Appeal against conviction Dismissed. Appeal against consecutive sentence Allowed. |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL APPEAL NO. 882 OF 1975
NG'ANG'A....................................................................APPELLANT
VERSUS
REPUBLIC................................................................RESPONDENT
JUDGMENT
The Second Class Magistrate convicted the appellant of housebreaking and theft and awarded him consecutive prison sentences for having committed those offences. Concurrent sentences should have been awarded for this one criminal transaction. It is true that the appellant has a bad record but that is beside the point. The case should have been taken before a magistrate of a higher status. In Katungo Mbuki v Republic [1962] EA 682 at pages 683 and 684 this court said:
“... if the offence is one in respect of which the prosecution considers the court has insufficient powers of punishment then it is his duty to take steps to bring the offender or have him brought before a court which has adequate powers of punishment.
But, of course, the magistrate should, in view of the appellant’s antecedents have committed him for sentence under Section 221 of the Criminal Procedure Code. The appeal against conviction is dismissed. The appeal against sentence succeeds to the extent that the prison sentences will run concurrently.
Dated and Delivered in Nairobi this 11th day of February 1976.
E.TREVELYAN S.K.SACHDEVA
JUDGE AG. JUDGE
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