[2022] KEHC 1003 (KLR)
The court found that, based on two independent age assessment reports, the applicant was approximately 24 years old at the time of the application, indicating he was a teenager at the time of the offence. The court also considered the sentence review report, which highlighted the applicant's remorse and the negative...
Source-derived case information.
- Citation
- [2022] KEHC 1003 (KLR)
- Parties
- Applicant: MAS; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E152 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application allowed; sentence revised
- Legal Topics
- Sentencing Revision, Juvenile Offenders, Age Assessment, Robbery With Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MAS
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant was a minor at the time of committing the offence and thus entitled to a different sentencing regime.
- 2 Whether the sentence of life imprisonment should be revised in light of the applicant's age at the time of the offence.
Ratio Decidendi
The court found that, based on two independent age assessment reports, the applicant was approximately 24 years old at the time of the application, indicating he was a teenager at the time of the offence. The court also considered the sentence review report, which highlighted the applicant's remorse and the negative peer pressure influencing his actions as a teenager. Given these findings, the court held that the original sentence of life imprisonment was inappropriate for a minor and revised the sentence to three years' probation, aligning with the legal standards for juvenile offenders.
Court Disposition
application allowed; sentence revised
Orders
- The applicant's sentence of life imprisonment is revised to three years probation.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
AT THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL REVISION NO. E152 OF 2021
MAS......................................................................................................APPLICANT
VERSUS
REPUBLIC......................................................................................RESPONDENT
R U L I N G
1. The Applicant MAS applied for revision of his sentence on account of age. The Applicant claimed he was a minor by the time the offence in Mombasa CMC. CR. Case No. 2334 of 2014 was committed and that he was currently 24 years old.
2. The Applicant had been charged jointly with others with the offence of robbery with violence for which they were convicted and sentence to serve life imprisonment.
3. On appeal in Mombasa High Court Criminal Appeal No. 86 and 87 of 2019 the conviction of Luqman Khatib Mushee, Hashim Khalifa Said & MAS (Applicant herein) was confirmed. However it was established from the proceedings that 2nd Appellant was 17 years old by the time that he committed the offence and ought to have been detained at the President pleasure or committed to Borstal Institution or even Youth Corrective Centre but that was not done. 2nd Appellant was discharged since he had been in custody since 1st July 2019.
4. I have perused the lower court file and noted that although the charge sheet indicates that appellant and his co-accused were juvenile the issue of age of the applicant and his co-accused didn’t arise except for A1 in CR. Case No. 2334 of 2014 and 2nd Appellant in CR.A No. 86 and 87 of 2019.
5. The court called for Age assessment Report and Shimo la Tewa Health Centre approximated his age at 24 years old whereas Dr. Sumbi E.M. of Coast General Hospital vide Report dated 7th December 2021 also gave an approximate age of 24 years.
6. This court further called for sentence Review Report and are dated 29th March 2022 was filed indicating that application can be considered as applicant committed offence as a teenager bouncing to severe negative peer pressure and that he is remorseful and deeply regrets his actions.
7. In consideration of the age assessment reports and the sentence Review Report the Applicants application is allowed. His sentence is revised to 3 years probation.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 11TH DAY OF APRIL 2022
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:
Ogwel - Court Assistant
Mr. Chacha for the Applicant
The Respondent – present in person
HON. LADY JUSTICE ANNE ONG’INJO
JUDGE