[2007] KEHC 3775 (KLR)
The court determined that, since the appellant is no longer pregnant as confirmed by the Probation Officer's Report, it is appropriate and desirable for her to be returned to Kirigiti Rehabilitation School for Girls. This ensures she receives due protection and care while completing the remainder of her sentence, in...
Source-derived case information.
- Citation
- [2007] KEHC 3775 (KLR)
- Parties
- Appellant: Everlyne Wambui Kalinga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 507 of 2007
- Procedural Posture
- Criminal Appeal / Order After Consideration of Probation Officer's Report
- Outcome
- The appellant is ordered to be held at Kirigiti Rehabilitation School for Girls to complete the unserved portion of her sentence.
- Judges
- JB Ojwang
- Legal Topics
- Juvenile Justice, Sentencing, Rehabilitation, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Everlyne Wambui Kalinga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Order After Consideration of Probation Officer's Report
Legal Issues
- 1 Whether the appellant should continue to be held at Kirigiti Rehabilitation School for Girls after the change in her pregnancy status.
Ratio Decidendi
The court determined that, since the appellant is no longer pregnant as confirmed by the Probation Officer's Report, it is appropriate and desirable for her to be returned to Kirigiti Rehabilitation School for Girls. This ensures she receives due protection and care while completing the remainder of her sentence, in accordance with the principles of juvenile justice and rehabilitation.
Court Disposition
The appellant is ordered to be held at Kirigiti Rehabilitation School for Girls to complete the unserved portion of her sentence.
Orders
- Everlyne Wambui Kalinga to be held at Kirigiti Rehabilitation School for Girls for the remainder of her sentence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
(CORAM: OJWANG, J.)
CRIMINAL APPEAL NO. 507 OF 2007
EVERLYNE WAMBUI………..……....………………..……. APPELLANT
-AND-
REPUBLIC………………………………………………...RESPONDENT
COURT ORDER
In the light of the Probation Officer’s Report that the subject no longer carries a pregnancy, it is desirable she be returned to Kirigiti, where she could be accorded due protection and care.
Accordingly, I now order that Everlyne Wambui Kalinga be held at Kirigiti Rehabilitation School for Girls, to complete the portion of sentence which she has not yet served.
Orders accordingly.
DATED and DELIVERED at Nairobi this 20th day of November, 2007.
J.B. OJWANG
JUDGE