[2017] KEHC 772 (KLR)
The court found that if the accused persons were indeed minors, as indicated by the referring Chief Magistrate, then sentencing them to imprisonment was improper. The Children.s Act provides for special procedures and protections for minors in conflict with the law, and imprisonment is not an appropriate sentence...
Source-derived case information.
- Citation
- [2017] KEHC 772 (KLR)
- Parties
- Applicant: L L; Applicant: C L; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 25 of 2017
- Procedural Posture
- Criminal Revision / Revision Order
- Outcome
- sentence set aside; accused released
- Judges
- RPV Wendoh
- Legal Topics
- Illegal Grazing, Trespass to Land, Juvenile Justice
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
L L
Applicant
C L
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Revision Order
Legal Issues
- 1 Whether the sentence of imprisonment imposed on the accused persons, alleged to be minors, for illegal grazing was lawful.
- 2 Whether the accused persons should have been dealt with under the Children.s Act instead of being sent to prison.
Ratio Decidendi
The court found that if the accused persons were indeed minors, as indicated by the referring Chief Magistrate, then sentencing them to imprisonment was improper. The Children.s Act provides for special procedures and protections for minors in conflict with the law, and imprisonment is not an appropriate sentence for children. The court, in the absence of contrary evidence, accepted the Chief Magistrate.s assertion regarding the accuseds. ages and set aside the sentence, ordering their immediate release.
Court Disposition
sentence set aside; accused released
Orders
- The sentence of 21 days imprisonment imposed on the accused is set aside.
- The two accused are set at liberty forthwith.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYAHURURU
CRIMINAL REVISION NO.25 OF 2017
L L................................1ST APPLICANT
C L...............................2ND APPLICANT
-V E R S U S –
REPUBLIC......................RESPONDENT
REVISION ORDER
L L and C L were charged with the offence of illegal grazing on private land contrary to Section 3(1) as read with Section 11 of the Trespass Act, Cap.294 Laws of Kenya.
They are alleged to have illegally and unlawfully grazed 53 herds of cattle on Loisaba Ranch on 21/10/2017 without consent from the management.
When they were arraigned before the court on 23/10/2017, they pleaded guilty and were sentenced to serve 21 days imprisonment.
The file was placed before me for purposes of revision because it is said that the accused were minors and are ailing in prison.
Unfortunately, this court has not got any report from the prison or from the probation office to ascertain who the accused exactly are, or whether they are minors. However this file having been placed before me by the Chief Magistrate, I will believe that she has the facts correct.
This offence is prevalent in this area and the older people send minors to trespass and graze on land illegally because they know that the children cannot be taken to prison, which is unfortunate. If indeed the accused are children, then they should have been dealt with under the Children’s Act not sent to prison.
I therefore set aside the sentence and set the two accused at liberty forthwith.
Signed and Dated at NYAHURURU this 15th day of march 2017.
........................
R.P.V. Wendoh
JUDGE