Leo v ODPP [2024] KEHC 2935 (KLR)

Leo v ODPP (Criminal Revision E003 of 2024) [2024] KEHC 2935 (KLR) (13 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2935 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Revision E003 of 2024

PJO Otieno, J

March 13, 2024

Between

Eugine Leo

Applicant

and

Odpp

Respondent

Ruling

1. The Court has perused the lower court file and noted that the Applicant/Accused readily pleaded guilty to the offense and on mitigation expressed remorse for his actions.

2. The Court however notes that destruction of forest is a serious crime which must be fought and where necessary deterrent sentences imposed.

3. In the instant case the Applicant and three (3) others were convicted on own pleas of guilty on three related counts and each sentenced to serve six (6) months each of the counts. The sentences were ordered to run consecutively.

4. It is the application of the sentence the Applicant now pleads to have revised and substituted with a less severe one.

5. The jurisdiction of the Court in revision is intended to interrogate, correctness, legality or propriety of the order or sentence recorded.

6. In principle, flowing from section 14 of the Criminal Procedure Code, it is permissible to order that sentences run consecutively where one is convicted of two or more distinct offenses. However, where the offenses are committed at the same in a single transaction, even if the offenses are in a series, a concurrent sentence is the appropriate one to impose1. 1Peter Mbugua Kabui v Republic [2016] eKLR

7. In the context of this matter the Applicant was charged with the offences of cutting a forest produce, being in possession of logging equipment and entering a closed public forest.

8. In the Court’s assessment upon reading of the Charge Sheet, the offenses were in a single transaction and the proper order on sentence ought to have been that the sentences run concurrently.

9. For that reason, the Court finds that the order that the sentences run consecutively was an error which is revised.

10. The sentence against the Applicant on the three counts shall run concurrently.

DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 13TH DAY OF MARCH, 2024PATRICK J. O. OTIENOJUDGEIn the presence of:Ms. Chala for the ProsecutionNo appearance for the ApplicantCourt Assistant: Polycap