[2020] KEHC 7448 (KLR)
The court held that although the conviction was proper, the trial court failed to consider the applicant's status as a minor at the time of the offence. Taking into account the applicant's age and the period already spent in remand, the court found that the time served constituted adequate punishment. Consequently,...
Source-derived case information.
- Citation
- [2020] KEHC 7448 (KLR)
- Parties
- Applicant: BBO; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 68 of 2019
- Procedural Posture
- Constitutional Petition / Ruling on Sentencing
- Outcome
- applicant discharged; conviction affirmed; sentence set aside
- Judges
- REA Ougo
- Legal Topics
- Juvenile Justice, Sentencing of Minors
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
BBO
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Sentencing
Legal Issues
- 1 Whether the trial court erred in sentencing the applicant without considering his status as a minor at the time of the offence.
- 2 Whether the period already spent in remand constituted adequate punishment for the applicant.
Ratio Decidendi
The court held that although the conviction was proper, the trial court failed to consider the applicant's status as a minor at the time of the offence. Taking into account the applicant's age and the period already spent in remand, the court found that the time served constituted adequate punishment. Consequently, the applicant was discharged and ordered to be released unless otherwise lawfully held.
Court Disposition
applicant discharged; conviction affirmed; sentence set aside
Orders
- The applicant is discharged and is free to go home unless lawfully held.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CONST. PETITION NO.68 OF 2019
BBO……………………................................................APPLICANT
VERSUS
REPUBLIC................................................................RESPONDENT
RULING
The applicant seeks that the court considers his application on sentencing. I have now perused the original court file. At the time the applicant was alleged to have committed the offence he was a minor offender whilst sentencing the applicant, the trial court did not consider that fact. The findings by the trial court on the offence he was convicted was proper and I affirm it however the sentence imposed was not proper. The accused/applicant was a minor at the time he is alleged to have committed the offence, with this in mind and the period he was in remand, in my view the period spent in jail is adequate punishment bearing in mind the above stated facts. He is therefore discharged and is free to go home unless lawfully held.
Dated, signed and delivered at Kisii this 13th day of February2020.
R.E OUGO
JUDGE
In the Presence of;
Applicant In person
Mr. Otieno Senior State Counsel Office of the DPP
Ms. Rael Court Assistant