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ROBERT MELE KIWO V REPUBLIC [2012] KEHC 1685 (KLR)

[2012] KEHC 1685 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1685
Citation
[2012] KEHC 1685 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureAppeal from conviction and sentenceCoramA. MBOGHOLI MSAGHA
Holding

The sentences shall run concurrently.

Facts

The applicant was convicted of 12 offences including making a document without authority, uttering a false document, personation, and attempting to steal. The sentences were to run consecutively.

Issues

  1. Whether the sentences should run concurrently instead of consecutively.
  2. Whether the applicant should be given a second chance to serve the community, family, and country at large.

Reasoning

The court found that the offences were not part of the same transaction and thus sentences should run consecutively.

Outcome

Appeal dismissed

Orders

  • Sentences to run concurrently

Authorities cited

Legislation (5)
  • Section 357 of the Penal Code
  • Section 353 of the Penal Code
  • Section 382 of the Penal Code
  • Section 275 of the Penal Code
  • Section 389 of the Penal Code
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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