[2017] KEHC 3557 (KLR)
The trial court erred in sentencing the applicant to 2 years at the Borstal Institution, contrary to the mandatory statutory period of 3 years stipulated under Section 6(1) of the Borstal Institutions Act. The High Court, exercising its revisionary and supervisory jurisdiction, set aside the sentence and substituted...
Source-derived case information.
- Citation
- [2017] KEHC 3557 (KLR)
- Parties
- Applicant: K M; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 122 of 2017
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised and increased to comply with statutory minimum
- Judges
- MM Kasango
- Legal Topics
- Sentencing Revision, Borstal Institution Commitment, Mandatory Sentencing, Juvenile Offenders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
K M
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the trial court committing the applicant to Borstal Institution for 2 years was lawful.
- 2 Whether the law mandates a minimum period of 3 years for committal to a Borstal Institution under Section 6(1) of the Borstal Institutions Act.
Ratio Decidendi
The trial court erred in sentencing the applicant to 2 years at the Borstal Institution, contrary to the mandatory statutory period of 3 years stipulated under Section 6(1) of the Borstal Institutions Act. The High Court, exercising its revisionary and supervisory jurisdiction, set aside the sentence and substituted it with the lawful period of 3 years, effective from the original date of committal. The court emphasized that statutory requirements on sentencing are binding and must be strictly adhered to by trial courts.
Court Disposition
sentence revised and increased to comply with statutory minimum
Orders
- The sentence of 2 years at Shikusa Borstal Institution is set aside.
- K M is committed to Shikusa Borstal Institution for a period of 3 years starting from 21st August 2017.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION 122 OF 2017
K M …………………………………………….APPLICANT
VERSUS
REPUBLIC ………………………………….RESPONDENT
(Pursuant to an order issued by Chief Magistrate’s Court at Nanyuki on 21st August 2017 in Nanyuki Chief Magistrate Criminal Case No. 815 of 2017)
RULING
1. K. M.the subject was convicted on his own plea of guilt of the offence of House breaking Contrary to Section 304 (1) (b) and Stealing Contrary to Section 279 (b) of the Penal Code.
2. The trial court after receiving probation report and mitigation of the subject committed him to serve 2 years at Shikusa Borstal Institution. The said Borstal Institution has notified the trial court that the mandatory period for a subject committed at the Borstal Institution is 3 years. This is as per Section 6 (1) of the Borstal Institutions Act Cap 92.
3. Indeed the said Section provides a mandatory period of 3 years that a subject should be committed to a Borstal Institution. Since that is the Law and the trial court was clear that the subject, because of his criminal behaviour, should be committed to a Borstal Institution, in exercise of the Powers of review provided under Section 362 of the Criminal Procedure Actand the Supervisory Power under the Constitution under Article 165 (6) (7) this court shall revise the sentence of the trial court to comply with the Law. Accordingly the trial court’s sentence is hereby set aside. The court orders K. M.to be committed to Shikusa Borstal Institution for a period of 3 years starting from 21stAugust 2017.
Dated this 20th September, 2017
MARY KASANGO
JUDGE