[2014] KEHC 7184 (KLR)

[2014] KEHC 7184 (KLR)

The court held that suspects under the age of twelve years are not criminally responsible for any act or omission unless it is proved that they had the capacity to know that they ought not to do the act or make the omission. Accordingly, if there are suspects under the age of twelve years in custody, they should be...

Source-derived case information.

Citation
[2014] KEHC 7184 (KLR)
Parties
Applicant: D D and 128 Others; Respondent: Republic
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Criminal Revision 2 of 2014
Procedural Posture
Criminal Revision / Ruling on Preliminary Issues Regarding Criminal Responsibility and Remand of Child Suspects
Outcome
Partial discharge and remand orders issued for child suspects based on age; further orders deferred to mention date.
Judges
GO Shikwe
Legal Topics
Criminal Responsibility of Children, Age of Criminal Liability, Remand of Child Offenders
Source Language
en
Criminal Law Family and Children Criminal Responsibility of Children Age of Criminal Liability Remand of Child Offenders

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Summary, issues, holding and outcome

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Parties

D D and 128 Others

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Preliminary Issues Regarding Criminal Responsibility and Remand of Child Suspects

Legal Issues

  1. 1 Whether suspects under the age of twelve years are criminally responsible for alleged acts or omissions.
  2. 2 Whether suspects under the age of twelve years should be discharged from custody.
  3. 3 How suspects over the age of twelve years should be remanded pending further proceedings.

Ratio Decidendi

The court held that suspects under the age of twelve years are not criminally responsible for any act or omission unless it is proved that they had the capacity to know that they ought not to do the act or make the omission. Accordingly, if there are suspects under the age of twelve years in custody, they should be immediately discharged. Suspects who are children over twelve years are to be remanded in a children remand home or at Port police. The court deferred further substantive proceedings to the scheduled mention date, emphasizing the statutory protections for children in conflict with the law.

Court Disposition

Partial discharge and remand orders issued for child suspects based on age; further orders deferred to mention date.

Orders

  • Suspects under the age of twelve years in custody to be immediately discharged.
  • Suspects over the age of twelve years to be remanded in a children remand home or Port police.