Owino v Republic (Miscellaneous Criminal Application E029 of 2023) [2024] KEHC 13280 (KLR) (22 October 2024) (Ruling) Neutral citation: [2024] KEHC 13280 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA MISCELLANEOUS CRIMINAL APPLICATION E029 OF 2023 RE ABURILI, J OCTOBER 22, 2024 BETWEEN NAAMAN AILA OWINO ....................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant Naaman Aila Owino was convicted vide Bondo PM Cr Case no E151/2022 of the offence of Stealing contrary to Section 278 of the Penal Code and on his own plea of guilty. He was sentenced to serve three (3) years imprisonment on 30/3/2022 and as at that date, he was reportedly serving another sentence in prison hence non-custodial sentence was not suitable for him. 2. It is also important to note that vide Cr Case no E159/2022, he was convicted of escape from lawful custody and sentenced to serve one year imprisonment on 25/3/2022. 3. The applicant now applies that the sentences should run concurrently. 4. I have considered the application dated 1/3/2023 and find no merit in it as the offences were committed at different times. 5. The application dated 1/3/2023 is dismissed. This file is closed. RULING DATED, SIGNED AND DELIVERED THIS 22ND DAY OF OCTOBER, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/13280/eng@2024-10-22 1
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