[2017] KEHC 3238 (KLR)
The court found that the original sentence of committal to Borstal Institution was inappropriate for the applicant, a pregnant minor, because the institution lacked facilities to accommodate her and her child. In the best interests of the child and in accordance with statutory provisions governing juvenile justice,...
Source-derived case information.
- Citation
- [2017] KEHC 3238 (KLR)
- Parties
- Applicant: Grace Kendi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 124 of 2017
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Sentence revised; custodial sentence set aside and substituted with probation for three years, first year at probation hostel.
- Judges
- MM Kasango
- Legal Topics
- Sentencing Revision, Juvenile Justice, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Kendi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentence of committal to Borstal Institution for a pregnant minor was appropriate under the circumstances.
- 2 Whether the sentence should be revised to accommodate the applicant's expectant status.
Ratio Decidendi
The court found that the original sentence of committal to Borstal Institution was inappropriate for the applicant, a pregnant minor, because the institution lacked facilities to accommodate her and her child. In the best interests of the child and in accordance with statutory provisions governing juvenile justice, the court set aside the custodial sentence and substituted it with a probation order for three years, with the first year to be served at a designated probation hostel. This approach ensures the applicant's welfare and aligns with the legal requirement to prioritize non-custodial measures for juveniles where possible.
Court Disposition
Sentence revised; custodial sentence set aside and substituted with probation for three years, first year at probation hostel.
Orders
- The sentence of 15th July 2015 is set aside.
- The applicant is sentenced to probation for three years, with the first year to be served at [Particulars Withheld] Probation Hostel.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION 124 OF 2017
GRACE KENDI..................................................APPLICANT
Versus
REPUBLIC...................................................RESPONDENT
(Being a revision of an order issued by the Chief Magistrate at Nanyuki Law Courts in Criminal Case No. 798 of 2017 on 5th July 2017)
RULING
1. GKwho is 15 years old was convicted on her own plea of guilt for the offences of burglary and stealing. The trial court sentenced to Borstal Institution for 3 years. That Borstal Institution on realizing that she was expectant referred the matter back to court for revision of the sentence because that institution lacks the facility to keep her with her child. It is under those circumstances that this court has been called upon to revise the sentence.
2. I hereby order that the sentence of 15th July 2015 be set aside and be substituted with a sentence of probation for three years with the first year being served at[Particulars Withheld] Probation Hostel.
3. It is so ordered
Dated this 3rd October 2017.
MARY KASANGO
JUDGE