[2013] KEHC 6794 (KLR)
The court found that the applicant was a minor at the time of conviction, as confirmed by both his own statement and a medical report. The trial magistrate erred by sentencing him as an adult, contrary to Section 8(7) of the Sexual Offences Act, which requires that minors be sentenced in accordance with the Borstal...
Source-derived case information.
- Citation
- [2013] KEHC 6794 (KLR)
- Parties
- Applicant: David Karanja Kaigai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 22 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision Application
- Outcome
- Probation report ordered for review of sentence; applicant found to be a minor at time of conviction.
- Judges
- LA Achode
- Legal Topics
- Sentencing of Minors, Age Assessment, Sexual Offences, Juvenile Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
David Karanja Kaigai
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision Application
Legal Issues
- 1 Whether the applicant was a minor at the time of conviction and sentencing.
- 2 Whether the trial court erred in sentencing the applicant as an adult contrary to the Sexual Offences Act.
Ratio Decidendi
The court found that the applicant was a minor at the time of conviction, as confirmed by both his own statement and a medical report. The trial magistrate erred by sentencing him as an adult, contrary to Section 8(7) of the Sexual Offences Act, which requires that minors be sentenced in accordance with the Borstal Institutions Act and the Children’s Act. The court ordered a comprehensive probation report to guide the review of the sentence, emphasizing the necessity of considering the applicant's age in sentencing.
Court Disposition
Probation report ordered for review of sentence; applicant found to be a minor at time of conviction.
Orders
- A comprehensive probation report to be furnished before the court with appropriate recommendations in view of the applicant's age bracket.
- Sentence imposed by the trial court to be reviewed upon receipt of the probation report.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
HIGH COURT CRIMINAL REVISION NO. 22 OF 2013
DAVID KARANJA KAIGAI .......................................APPLICANT
VERSUS
REPUBLIC ............................................................RESPONDENT
R U L I N G
This Revision application originated by way of a letter written to the High Court by the Officer in-charge of Kamiti Main Prison on 2nd April 2013 because he suspected the applicant to be a minor.
When the matter first came up for mention on 16th April 2013 the Applicant was not produced, in court and neither was he produced on 22nd April 2013 during the next mention.
The matter next came up before the court on 26th September 2013 whereupon the Applicant told the court that he was aged 16 years. An order was made for him to be subjected to medical examination to ascertain his age and for the medical report to be filed in court.
A medical report was filed in court dated 10th September 2013 indicating that he had already had his age assessed at the time of being brought to court. In the opinion of the doctor who examined him, the applicant is aged between 16-17 years which confirms his own averments.
That being the case then, it is evident that the learned trial magistrate misdirected himself by failing to apply the provisions of Section 8(7)of theSexual Offences Act No. 3of2006. The aforesaid section provides that:
“Where the person charged with an offence under this Act is below the age of eighteen years, the court may upon conviction, sentence the accused person in accordance with the provisions of the Borstal Institutions Act and the Children’s Act.”
The Applicant herein was sentenced as an adult. I therefore order for a comprehensive probation report to be furnished before this court with appropriate recommendations in view of his age bracket, for purposes of reviewing the sentence imposed upon him by the trial court.
SIGNED DATED and DELIVERED in open court this 11th day of November2013.
L. A. ACHODE
JUDGE