[2018] KEHC 6365 (KLR)
The trial court erred by sentencing the applicant, a minor, under the Penal Code without considering the provisions of the Children.s Act, which mandates alternative, non-custodial sentences for children in conflict with the law. The court found that the sentence of a fine or imprisonment was harsh and inappropriate...
Source-derived case information.
- Citation
- [2018] KEHC 6365 (KLR)
- Parties
- Applicant: J K C; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Revision Case 2 of 2015
- Procedural Posture
- Criminal Revision / Revision Order
- Outcome
- sentence revised; custodial and fine sentence set aside; applicant sentenced to probation
- Judges
- RPV Wendoh
- Legal Topics
- Juvenile Justice, Sentencing of Minors, Assault Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J K C
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Revision Order
Legal Issues
- 1 Whether the trial court erred in sentencing a minor under the Penal Code instead of the Children.s Act.
- 2 Whether the sentence imposed was harsh and inappropriate for a minor offender.
- 3 Whether a non-custodial sentence should have been preferred for the minor.
Ratio Decidendi
The trial court erred by sentencing the applicant, a minor, under the Penal Code without considering the provisions of the Children.s Act, which mandates alternative, non-custodial sentences for children in conflict with the law. The court found that the sentence of a fine or imprisonment was harsh and inappropriate for a minor, especially given the applicant's good conduct and the lack of serious injuries to the complainant. The High Court held that a probation sentence would better serve the interests of justice and the welfare of the child, in line with statutory requirements and the rehabilitative aims of juvenile justice.
Court Disposition
sentence revised; custodial and fine sentence set aside; applicant sentenced to probation
Orders
- The sentence of a fine of Kshs.25,000 or 5 months imprisonment is set aside.
- The applicant is sentenced to serve 3 years on probation.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAHURURU
REVISION NO.2 OF 2018
J K C.......................................APPLICANT
V E R S U S
REPUBLIC........................RESPONDENT
REVISION ORDER
J K Cwas charged with the offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code. The particulars of the charge are that on 3/2/2018 at [particulars withheld] Area in Laikipia County, unlawfully assaulted Dennis Kibet and occasioned him actual bodily harm.
The accused pleaded guilty to the offence and was sentenced to a fine of Kshs.25,000/= in default 5 months imprisonment.
This case was brought to the attention of this court by the Children’s Officer Nyahururu to the effect that the accused is a minor aged 17 years and still a student. This court requested for an age assessment and a probation officer’s report.
The accused’s age was assessed as 17 years and therefore a minor. Before the trial court, during mitigation, the accused pleaded for leniency and the record shows that he claimed to have a small child at home, which is not the case as deduced from the probation officer’s report. From the probation officer’s report accused is a standard 7 drop out and not a student.
Being a minor, the trial court should have sentenced the accused under the provisions of the Children’s Act. The accused pleaded guilty, he was treated as first offender and the complainant did not suffer any serious injuries. The trial court should have sought a social enquiry report before sentencing the accused. I think the sentence was harsh. Being a child, fine and custodial sentence should not have been preferred to the other alternative sentences available under the Children’s Act (See section 191 of Children’s Act).
I have read the probation officer’s report. Accused is said to be a person of good conduct, not known to abuse any substances or alcohol and is well regarded by the local community. It is my view that a non custodial sentence should have been preferred. I will revise the sentence of the trial court and set it aside. For the above reasons I sentence the accused to serve 3 years on probation.
Dated, Signed and Delivered at Nyahururu this 12thday ofApril, 2018.
……………………….
R.P.V. WENDOH
JUDGE