[2016] KEHC 6643 (KLR)
Although the sentence of four years' imprisonment on each count for causing grievous harm would ordinarily be appropriate given the seriousness and cruelty of the offences, the court must consider the best interests of the minor children, who are currently living away from their mother in a children's home. The...
Source-derived case information.
- Citation
- [2016] KEHC 6643 (KLR)
- Parties
- Appellant: J A N; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 38 of 2015
- Procedural Posture
- Criminal Appeal / Interlocutory Order on Sentence Pending Welfare and Probation Reports
- Outcome
- Further consideration of sentence deferred pending welfare and probation reports.
- Legal Topics
- Sentencing of Grievous Harm, Best Interests of Child, Child Welfare Reports, Concurrent Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J A N
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Order on Sentence Pending Welfare and Probation Reports
Legal Issues
- 1 Whether the sentence imposed on the appellant for causing grievous harm to her minor children is appropriate in light of the best interests of the children.
- 2 Whether the welfare of the children and the appellant's capacity to resume parental care should affect the sentence.
Ratio Decidendi
Although the sentence of four years' imprisonment on each count for causing grievous harm would ordinarily be appropriate given the seriousness and cruelty of the offences, the court must consider the best interests of the minor children, who are currently living away from their mother in a children's home. The court therefore defers further consideration of the sentence pending reports from the Children Officer and Probation Officer regarding the welfare of the children, the appellant's capacity to resume parental care, and any relevant observations from the extended family and community. The welfare of the children is a paramount consideration in determining the final outcome of the...
Court Disposition
Further consideration of sentence deferred pending welfare and probation reports.
Orders
- The Children Officer, Busia, to visit the three children and report to the court on their welfare and attitude towards their mother.
- The Children Officer to interview the appellant and members of the extended family and community, and make observations to assist the court.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
CRIMINAL APPEAL NO. 38 OF 2015
J A N -------------------------------------------------------------------------------- APPELLANT
VERSUS
REPUBLIC -----------------------------------------------------------------------RESPONDENT
ORDER
1. This Appeal is against sentence only. J A N (The Appellant) was convicted on 2 counts of offence of causing Grievous harm. The Particulars being:-
Count 1: On the 19th day of August 2015 within Busia County, jointly unlawfully did grievous harm to E A N.
Count 2: On the 19th day of August 2015 within Busia County, jointly unlawfully did grievous harm to W A N.
2. The victims are minor children of the Appellant. They and another of the Appellant’s child are currently in a Children Home pursuant to the following Order of the Trial Court.
“The 3 children to be remanded at End Times Children’s Home for the sake of their best interest”
3. The Sentence of 4 years on each count to run concurrently would ordinarily be an appropriate sentence given that the victims sustained serious injuries and the manner in which they were caused was cruel. However, this Court is concerned about the Best Interests of the 3 minor children. They are currently at a Children Home and living away from their mother. Before considering the matter any further, I direct that The Children Officer, Busia do visit the three children and report to the Court, inter alia, on the welfare of the Children, and their attitude towards their mother. The Children’s Officer should also interview the Appellant and find out, inter alia, whether she is in a frame of mind and position to take back the children. The Children’s Officer should also interview members of the extended family and Community. The Officer should make any observation that may enrich the Decision of this Court. Further, I direct the Probation Officer Busia County to prepare a Social Background Report of the Appellant and the victims.
Dated, signed and delivered at Busia this 25th day of February 2016.
F. TUIYOTT
J U D G E
In the presence of :-
Orwasa C/Assistant
……………………………for Appellant
Owiti - for Respondent