[2006] KEHC 397 (KLR)
The court found that the applicant was a minor at the time of conviction and was not tried in accordance with the Children.s Act. As such, the conviction and sentence imposed by the Chief Magistrate.s Court were unlawful. The High Court set aside the conviction and quashed the sentence of twelve months imprisonment....
Source-derived case information.
- Citation
- [2006] KEHC 397 (KLR)
- Parties
- Appellant: Erick Kadich Sudi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 90 of 2006
- Procedural Posture
- Criminal Revision / Judgment on Revision
- Outcome
- conviction and sentence set aside; retrial ordered before Children.s Court
- Judges
- FI Koome
- Legal Topics
- Juvenile Justice, Sentencing of Minors, House Breaking, Procedure for Children, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Kadich Sudi
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment on Revision
Legal Issues
- 1 Whether the conviction and sentence of a minor not tried under the Children.s Act is lawful.
- 2 Whether the sentence imposed on the minor should be set aside and the matter referred to the Children.s Court for retrial.
Ratio Decidendi
The court found that the applicant was a minor at the time of conviction and was not tried in accordance with the Children.s Act. As such, the conviction and sentence imposed by the Chief Magistrate.s Court were unlawful. The High Court set aside the conviction and quashed the sentence of twelve months imprisonment. However, due to the seriousness of the offence, the court ordered that the matter be referred for retrial before the Children.s Court, ensuring that the applicant receives a trial in accordance with the law governing children.
Court Disposition
conviction and sentence set aside; retrial ordered before Children.s Court
Orders
- The conviction is set aside.
- The sentence of twelve months imprisonment is quashed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Criminal Revision 90 of 2006
ERICK KADICH SUDI ….…..……....…………….…… APPELLANT
VERSUS
REPUBLIC ………………………………..…………. RESPONDENT
[From Original Conviction and Sentence in Criminal Case No. 2666 of 2006 of the Chief Magistrate’s Court at Nakuru – J. Thuita – S.P.M]
JUDGMENT ON REVISION
This matter was referred to the High Court for revision pursuant to the provisions of Section 362 of the Criminal Procedure Code. It is indicated that the applicant was a subject, he was born on 1st April 1989 and therefore he was not tried as per the provisions of the Children’s Act. The subject was convicted on his own plea of guilty and sentenced to twelve (12) months imprisonment on 9th November 2006. The subject was charged with the offence of house breaking contrary to Section 304 (1) and stealing contrary to Section 279 (b) of the Penal Code.
In view of the age of the subject, who has not yet attained the age of majority, I hereby set aside the conviction and quash the sentence of twelve (12) months imprisonment. However, due to the seriousness of the offence that the subject is charged with, it is important that this matter be referred for a retrial before the Children’s Court. The subject should appear before the Children’s court as soon as possible for retrial.
It is so ordered.
Judgment read and signed on 4th December 2006
MARTHA KOOME
JUDGE