[2018] KEHC 7834 (KLR)
The court found that the applicants are minors based on the age assessment reports. The sentence of imprisonment imposed on them is contrary to Sections 190 and 191 of the Children Act, which prohibit imprisonment of children except in exceptional circumstances and require consideration of alternative measures. The...
Source-derived case information.
- Citation
- [2018] KEHC 7834 (KLR)
- Parties
- Applicant: J M W; Applicant: I K W; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 5 of 2018
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Prison sentence set aside; minors to be held at juvenile remand home pending further orders.
- Judges
- CW Meoli
- Legal Topics
- Sentencing of Minors, Children Act Compliance, Juvenile Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J M W
Applicant
I K W
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the sentence imposed on the applicants, who are minors, is lawful under the Children Act.
- 2 Whether the continued detention of the minors in prison custody is legal.
Ratio Decidendi
The court found that the applicants are minors based on the age assessment reports. The sentence of imprisonment imposed on them is contrary to Sections 190 and 191 of the Children Act, which prohibit imprisonment of children except in exceptional circumstances and require consideration of alternative measures. The court therefore set aside the prison sentence as illegal and directed that the minors be held at a juvenile remand home pending further orders and a probation officer's report.
Court Disposition
Prison sentence set aside; minors to be held at juvenile remand home pending further orders.
Orders
- The prison term against the minors is hereby set aside for illegality.
- The two subjects be removed from prison custody immediately and be held at the Juvenile Remand Home at Nakuru pending further orders.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
CRIMINAL REVISION NO. 5 OF 2018
(From Original Conviction and Sentence in Criminal Case No. 980 of 2018 of the Principal Magistrate’s Court at Engineer)
J M W.........................................1ST APPLICANT
I K W.........................................2ND APPLICANT
-VERSUS-
REPUBLIC...................................PROSECUTOR
ORDER ON REVISION
1) A letter Ref: NAP/PPGM/2/Vol. V/245 dated 15th February, 2018 filed into court by the Officer in charge Naivasha Medium Prison, and the attached age assessment reports indicate that the Subjects are minors.
2) Based on the age assessment reports, the sentence imposed on the minors is not sustainable as it offends Section 190 and 191 inter alia, of the Children Act. I therefore order that:
a) The prison term against the minors is hereby set aside for illegality.
b) The two Subjects be removed from Prison custody immediately, and be held at the Juvenile Remand Home at Nakuru pending further orders.
c) A Probation Officers’ report in respect of the minors be prepared within 14 days.
d) The Duty Registrar of this court to ensure the immediate compliance with direction (b) above.
Written and signed at Naivasha this 15th day of February, 2018.
C. MEOLI
JUDGE