[2006] KEHC 472 (KLR)
The court found that the sentence of two years' corrective borstal for the offence of defilement was on the lower side given the statutory maximum of life imprisonment with hard labour. The court determined that there was sufficient reason to consider enhancing the sentence and ordered the production of the young...
Source-derived case information.
- Citation
- [2006] KEHC 472 (KLR)
- Parties
- Applicant: MM; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 210 of 2006
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- Order for production of the young offender to show cause why sentence should not be enhanced.
- Judges
- DA Onyancha
- Legal Topics
- Defilement, Sentencing, Juvenile Offenders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MM
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the sentence imposed on the applicant for the offence of defilement was appropriate in light of the statutory maximum.
- 2 Whether the corrective borstal sentence should be enhanced.
Ratio Decidendi
The court found that the sentence of two years' corrective borstal for the offence of defilement was on the lower side given the statutory maximum of life imprisonment with hard labour. The court determined that there was sufficient reason to consider enhancing the sentence and ordered the production of the young offender to show cause why the sentence should not be increased to three years and one day.
Court Disposition
Order for production of the young offender to show cause why sentence should not be enhanced.
Orders
- Young offender to be produced before this court on 25/10/2006 to show cause why his sentence shall not be enhanced to 3 years and a day.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS
Criminal Revision 210 of 2006
MM.......................................... …………………………. APPLICANT
VERSUS
REPUBLIC ……………………...……………… RESPONDENT
J U D G E M E N T
The applicant was in Kitui Senior Resident Magistrate’s Court Criminal Case No. 24 of 2004 convicted of defilement Contrary to Section 145 (1) of the Penal Code. He was ordered to serve a corrective borstal sentence of 2 years. The maximum sentence is life imprisonment with hard labour. The court has considered the sentence and finds it a little on the lower side. This court accordingly orders that the young offender be produced before the High Court on 25/10/2006 to Show Cause why his corrective borstal sentence should not be enhanced to 3 years and one day.
Order:
Young offender to be produced before this court on 25/10/2006 to show cause why his sentence shall not be enhanced to 3 years and a day.
J.A. ONYANCHA
JUDGE
19/10/06