[2020] KEHC 7781 (KLR)
The court found that the appellant was under 18 years old at the time of the offence and therefore the 20-year prison sentence imposed by the trial court was inappropriate. In accordance with the Children Act and the Probation of Offenders Act, the court set aside the custodial sentence and instead ordered that the...
Source-derived case information.
- Citation
- [2020] KEHC 7781 (KLR)
- Parties
- Appellant: GOO; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 104 of 2016
- Procedural Posture
- Criminal Appeal / Sentencing After Appeal Judgment
- Outcome
- appeal dismissed as to conviction; sentence varied to probation
- Judges
- RE Aburili
- Legal Topics
- Juvenile Sentencing, Probation Orders, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GOO
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Sentencing After Appeal Judgment
Legal Issues
- 1 Whether the appellant, being under 18 years at the time of the offence, should be sentenced differently from an adult.
- 2 What is the appropriate sentence for a juvenile whose conviction has been upheld on appeal.
Ratio Decidendi
The court found that the appellant was under 18 years old at the time of the offence and therefore the 20-year prison sentence imposed by the trial court was inappropriate. In accordance with the Children Act and the Probation of Offenders Act, the court set aside the custodial sentence and instead ordered that the appellant be placed on probation for three years. The court emphasized the need for rehabilitation and guidance for juvenile offenders, rather than punitive incarceration, and directed that the appellant be supervised by a probation officer and his family to assist in his reintegration and personal development.
Court Disposition
appeal dismissed as to conviction; sentence varied to probation
Orders
- The appellant is sentenced to serve probation for a period of three years from the date of release from prison.
- The appellant shall be supervised closely by the Probation Officer and abide by probationary terms.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL APPEAL NO. 104 OF 2017
GOO....................................................... APPELLANT
VERSUS
REPUBLIC..........................................RESPONDENT
(Being an appeal against Conviction and Sentence on judgment delivered on 19. 10. 2017 in Bondo Principal Magistrate’s Court Criminal Case No. 1104 of 2016 before Hon. M. Obiero - Principal Magistrate.)
SENTENCE
1. On 18th December 2019, this court delivered judgment in this appeal dismissing the Appellant’s appeal against conviction by the trial court.
2. The court nonetheless found that the Appellant was under the age of 18 years as at the time that he committed the offence. I therefore ordered for a Social Inquiry Report after setting aside the 20 years prison term imposed on him.
3. I have perused the Probation Officer’s Report dated 18. 2.2020. I am satisfied that the appropriate sentence for the Appellant who is now about 18 years old is to be placed on probation so that he can be guided and counselled by the Probation Officer and for his family to guide and assist him improve on his character and life’s skills in welding that he has learnt while in prison.
4. Accordingly, I sentence the accused GOO to serve Probation for a period of three (3) years from the date of release from prison, to be supervised closely by the Probation Officer and to abide by the Probationary terms. In breach thereof the Appellant shall be brought before this Court for resentencing as an adult.
5. Orders accordingly.
Dated, Signed and Delivered at Siaya this 19th day of February, 2020
R.E. ABURILI
JUDGE
In the presence of:
Mr. Okachi SPPC for the Prosecution
Appellant in person
CA: Brenda and Modestar