[2017] KEHC 744 (KLR)

[2017] KEHC 744 (KLR)

The court held that it is not within its power to determine or fix a definite period for rehabilitation at Mathari Correctional and Training Centre. The duration of rehabilitation is to be determined by the institution based on the accused's progress and needs. The previous order committing the accused for a fixed...

Source-derived case information.

Citation
[2017] KEHC 744 (KLR)
Parties
Applicant: Elijah Wainaina Kiruri; Respondent: Republic
Court
High Court
Court Station
High Court at Nyahururu
Jurisdiction
Kenya
Case Number
Criminal Revision 14 of 2017
Procedural Posture
Criminal Revision / Revision Order
Outcome
Order revised; accused to be committed for rehabilitation without a definite period specified.
Legal Topics
Sentencing, Rehabilitation Orders, Judicial Discretion
Source Language
en
Criminal Law Sentencing Rehabilitation Orders Judicial Discretion

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Summary, issues, holding and outcome

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Parties

Elijah Wainaina Kiruri

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Revision Order

Legal Issues

  1. 1 Whether the court can specify a definite period for rehabilitation at Mathari Correctional and Training Centre.
  2. 2 Whether the previous order committing the accused for 12 months was proper in law.

Ratio Decidendi

The court held that it is not within its power to determine or fix a definite period for rehabilitation at Mathari Correctional and Training Centre. The duration of rehabilitation is to be determined by the institution based on the accused's progress and needs. The previous order committing the accused for a fixed period of 12 months was therefore improper. The court revised the order to direct that the accused be committed for rehabilitation without specifying a definite period, leaving the determination of the duration to the institution.

Court Disposition

Order revised; accused to be committed for rehabilitation without a definite period specified.

Orders

  • The order committing the accused to 12 months at Mathari Correctional and Training Centre is revised.
  • The accused is to be committed to Mathari Correctional and Training Centre for rehabilitation for a period to be determined by the institution.