[2006] KEHC 471 (KLR)
The court found that the sentence of 12 months imposed by the trial court was unlawful because Section 67 of the Prisons Act only permits admission to the Kamiti Youth Corrective Training Centre for sentences not exceeding 4 months. Since the applicants could not be admitted to the centre for a 12-month sentence,...
Source-derived case information.
- Citation
- [2006] KEHC 471 (KLR)
- Parties
- Applicant: Musyoka Mutinda; Applicant: Charles Mwanzia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 211 of 2006
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- sentence revised
- Judges
- DA Onyancha
- Legal Topics
- Sentencing Revision, Theft Offences, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Musyoka Mutinda
Applicant
Charles Mwanzia
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the sentence imposed by the trial court was lawful in light of the requirements for admission to the Kamiti Youth Corrective Training Centre.
- 2 Whether the sentence should be revised to comply with statutory requirements.
Ratio Decidendi
The court found that the sentence of 12 months imposed by the trial court was unlawful because Section 67 of the Prisons Act only permits admission to the Kamiti Youth Corrective Training Centre for sentences not exceeding 4 months. Since the applicants could not be admitted to the centre for a 12-month sentence, the court exercised its revisionary jurisdiction to alter the sentence to 4 months, thereby ensuring compliance with the law and the proper administration of justice.
Court Disposition
sentence revised
Orders
- The corrective punishment is hereby altered from 12 months to 4 months with effect from 23rd October, 2006.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS
Criminal Revision 211 of 2006
MUSYOKA MUTINDA
CHARLES MWANZIA …………………….. APPLICANTS
VERSUS
REPUBLIC ……………….………………. RESPONDENT
J U D G E M E N T
The two applicants were in Kitui Resident Magistrate’s Court Criminal Case No. 912 of 2006 convicted of theft Contrary to Section 275 of Penal Code and sentenced to 12 months at Kamiti Youth Corrective Training Centre. The centre refused to take them in because it takes only those sentenced to no more than 4 months, (see Section 67 of the Prisons Act Cap 90).
To enable the case to fit in with the corrective centre this court will alter the period correction from 12 months to 4 months.
Order:
The corrective punishment is hereby altered from 12 months to 4 months with effect from 23rd October, 2006.
D.A. ONYANCHA
JUDGE
19/10/06