[2017] KEHC 743 (KLR)

[2017] KEHC 743 (KLR)

The court held that it is not within its power to determine or fix a definite period for rehabilitation at Mathari Correctional and Training Centre. The duration of rehabilitation is contingent upon the institution's assessment and cannot be predetermined by the court. Consequently, the previous order committing the...

Source-derived case information.

Citation
[2017] KEHC 743 (KLR)
Parties
Applicant: Kelvin Mwaura Njoroge; Respondent: Republic
Court
High Court
Court Station
High Court at Nyahururu
Jurisdiction
Kenya
Case Number
Criminal Revision 13 of 2017
Procedural Posture
Criminal Revision / Revision Order
Outcome
Order revised; accused to be committed for rehabilitation for an indeterminate period as assessed by the institution.
Judges
RPV Wendoh
Legal Topics
Sentencing, Rehabilitation Orders, Criminal Revision, Detention Orders
Source Language
en
Criminal Law Sentencing Rehabilitation Orders Criminal Revision Detention Orders

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Kelvin Mwaura Njoroge

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Revision Order

Legal Issues

  1. 1 Whether the court can specify a definite period for rehabilitation at Mathari Correctional and Training Centre.
  2. 2 Whether the previous order committing the accused for 12 months was proper in law.

Ratio Decidendi

The court held that it is not within its power to determine or fix a definite period for rehabilitation at Mathari Correctional and Training Centre. The duration of rehabilitation is contingent upon the institution's assessment and cannot be predetermined by the court. Consequently, the previous order committing the accused to a fixed 12-month period was revised, and the accused is to be committed for rehabilitation for a period to be determined by the institution, not the court.

Court Disposition

Order revised; accused to be committed for rehabilitation for an indeterminate period as assessed by the institution.

Orders

  • The order committing the accused to 12 months at Mathari Correctional and Training Centre is revised.
  • The accused is to be committed to Mathari Correctional and Training Centre for rehabilitation for a period to be determined by the institution.