Emmanuel Too v Republic & 1 other

Too v Republic (Criminal Revision E328 of 2025) [2026] KEHC 12471 (KLR) (29 July 2026) (Revision) Neutral citation: [2026] KEHC 12471 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CRIMINAL REVISION E328 OF 2025 JK SERGON, J JULY 29, 2026 BETWEEN EMMANUEL TOO ................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT REVISION 1. Emmanuel Too, the applicant herein pleaded guilty to a charge of two counts. In Count I the applicant was charged with stealing contrary to section 268 as read with section 275 of the Penal Code. In the second count, the applicant faced a charge of Malicious damage to property contrary to section 339(g) of the Panel Code. 2. He was a 15th August, 2024 convicted and sentenced to served two (2) years imprisonment on each count. The trial Magistrate ordered the sentences to run consecutively. 3. The maximum sentence for theft is three (3) years imprisonment while the maximum sentence for the offence of Malicious damage to property is five (5) years. The record shows that the applicant was a first offender and pleaded guilty. The sentence of two (2) years imposed by the trial court is in the view of this court reasonable and appropriate. 4. However, there was no justification by the trial court to order the sentences to run consecutively. The appropriate and proper order is to have the sentences run concurrently. 5. This court is entitled to correct the error in exercise of its supervisory power of revision. 6. Consequently, the order directing the sentences to run consecutively is set aside and is substituted with an order directing the sentences to run concurrently. 7. It is apparent that so far, the applicant has served 2 years in prison. The sentences having been made to run concurrently; it is obvious that the applicant has fully served the sentences. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12471/eng@2026-07-29 1

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