[2024] KEHC 15070 (KLR)
The court found that the applicant, being 17 years old at the time of conviction, was not afforded the statutory protections required for children in criminal proceedings. The lower court failed to provide legal representation and did not conduct the trial in a child-friendly environment, contrary to the Children...
Source-derived case information.
- Citation
- [2024] KEHC 15070 (KLR)
- Parties
- Applicant: Justus Ateya; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E305 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
- Outcome
- Conviction and sentence set aside; retrial ordered before a different magistrate.
- Judges
- S Mbungi
- Legal Topics
- Juvenile Justice, Sentencing of Minors, Procedural Safeguards for Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justus Ateya
Applicant
Director of Public Prosecution
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
Legal Issues
- 1 Whether the applicant, being a minor, was afforded the legal safeguards required during criminal proceedings.
- 2 Whether the conviction and sentence imposed on the applicant, a minor, were lawful.
Ratio Decidendi
The court found that the applicant, being 17 years old at the time of conviction, was not afforded the statutory protections required for children in criminal proceedings. The lower court failed to provide legal representation and did not conduct the trial in a child-friendly environment, contrary to the Children Act and constitutional provisions. As a result, the conviction and sentence were rendered unlawful. The only appropriate remedy was to set aside the conviction and sentence and order a retrial before a different magistrate, ensuring all legal safeguards for children are observed.
Court Disposition
Conviction and sentence set aside; retrial ordered before a different magistrate.
Orders
- The applicant is released to the Officer Commanding Police Station for commencement of a fresh trial.
- The retrial shall be conducted before a magistrate other than the one who presided over the initial trial.
Full Case Text
Judgment text and source record
22 paragraphs
Ateya v Director of Public Prosecution (Criminal Revision E305 of 2024) [2024] KEHC 15070 (KLR) (19 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15070 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Revision E305 of 2024
S Mbungi, J
November 19, 2024
Between
Justus Ateya
Applicant
and
Director of Public Prosecution
Respondent
Ruling
1. The applicant herein was sentenced to serve three years’ imprisonment for the offence of stealing contrary to section 268 as read with section 275 of the penal code on his own plea of guilty.
2. Later it emerged that he was under aged. As a result, the present application was made. The court ordered for the offender to be taken for age assessment which revealed that he was 17 years old.
3. Upon perusing the court record, the applicant was not afforded the safeguards entitled to him by the law during the proceedings in the lower court. Like, he was not afforded the services of a legal counsel or tried in a child friendly environment.
4. As opined by the prosecution counsel, the only cure to this anomaly is to have the subject retried again.
5. He will be afforded all necessary protections of a child undergoing criminal trial.
6. I therefore order he be released to the Officer Commanding Police Station who arrested him for commencement of a fresh trial which will be undertaken before another magistrate other than the one who presided over the initial trial.
7. Mention on 20. 11. 2024 before the Chief Magistrate Kakamega for further directions.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 19TH DAY OF NOVEMBER, 2024. S.N MBUNGIJUDGEIn the presence of :Accused – presentCourt Prosecutor – MbonzoCourt Assistant – Elizabeth Angong’a