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Paul Gitau Ndungu v Republic [2005] KEHC 1350 (KLR)

[2005] KEHC 1350 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1350
Citation
[2005] KEHC 1350 (KLR)
Decided
5 October 2005
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from a sentence of 18 months imprisonment for each of seven counts of burglary and theft, consolidated into one appealCoramL. KIMARU
Holding

The consecutive sentences are set aside and the appellant is commuted to the period already served.

Facts

The appellant was charged with seven separate counts of burglary and theft between March and April 2003, and pleaded guilty. The sentences were imposed consecutively.

Issues

  1. Whether the consecutive sentences for the seven counts of burglary and theft were appropriate.
  2. Whether the sentences should run concurrently instead of consecutively.

Reasoning

The appellant was charged with seven separate counts of burglary and theft, and the sentences were imposed consecutively due to separate charges. The court agrees that the sentences should have run concurrently.

Outcome

The appellant is released from prison.

Orders

  • The sentences imposed on the appellant are set aside and commuted to the period already served.

Remedies

  • Release from prison.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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