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Kelvin Leparshau Jajiri v Republic [2022] KEHC 978 (KLR)

[2022] KEHC 978 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
978
Citation
[2022] KEHC 978 (KLR)
Decided
21 April 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from original convictionCoramKANYI KIMONDO
Holding

The conviction and sentences are upheld, with the period spent in custody from 10th March 2019 to 15th February 2021 deducted from each sentence, and both sentences run concurrently.

Facts

The appellant pleaded guilty to conspiracy to effect unlawful purpose and stealing stock. He was sentenced to two and seven years imprisonment respectively, to run concurrently.

Issues

  1. Whether the period spent in remand should be deducted from the sentences
  2. Whether the sentences are within the law

Reasoning

The court found the plea of guilt unequivocal and the sentences well within the law. The trial court was alive to the appellant's time in remand but did not expressly credit it.

Outcome

Appeal dismissed

Orders

  • The period spent in custody from 10th March 2019 to 15th February 2021 shall be deducted from each sentence

Authorities cited

Legislation (2)
  • Criminal Procedure Code
  • Penal Code
Cases cited (4)
  • Njoroge v Republic
  • Okeno v Republic
  • Kariuki Karanja v Republic
  • Macharia v Republic
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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