[2015] KEHC 964 (KLR)
The court found that the applicant was a minor at the time of conviction and sentencing. Under Section 189 of the Children Act, a conviction and sentence should not have been recorded against a child. Further, Section 190 of the Children Act prohibits imprisonment of minors except in exceptional circumstances, which...
Source-derived case information.
- Citation
- [2015] KEHC 964 (KLR)
- Parties
- Applicant: N P K; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 90 of 2015
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- conviction quashed and sentence set aside; plea to be taken afresh under Children Act
- Judges
- CW Meoli
- Legal Topics
- Juvenile Justice, Sentencing of Minors, House Breaking, Children Act Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
N P K
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether a conviction and sentence can be recorded against a minor under the Children Act.
- 2 Whether the sentence imposed was in accordance with the Children Act provisions.
Ratio Decidendi
The court found that the applicant was a minor at the time of conviction and sentencing. Under Section 189 of the Children Act, a conviction and sentence should not have been recorded against a child. Further, Section 190 of the Children Act prohibits imprisonment of minors except in exceptional circumstances, which were not present in this case. The court therefore quashed the conviction and set aside the sentence, directing that the applicant be brought before the Chief Magistrate to take plea afresh in accordance with the Children Act.
Court Disposition
conviction quashed and sentence set aside; plea to be taken afresh under Children Act
Orders
- The conviction is quashed and the sentence set aside.
- The offender to be brought before Hon. P. Gesora, Chief Magistrate, to take plea afresh in accordance with the Children Act.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIVASHA
CRIMINAL REVISION NO. 90 OF 2015
(Original Criminal Case No. 1982 of 2015 of the Chief Magistrate’s Court at Naivasha, E. Kimilu - SRM)
N P K...................................................................APPLICANT
-VERSUS-
REPUBLIC....................................................PROSECUTOR
RULING ON REVISION
1. This matter has been reported to me for orders vide the letter dated 23rd October, 2015 Ref. NAP/PPGM/2/Vol.V/62 by the officer in charge of Naivasha Medium Prison.
2. The offender N P K was arraigned before the Chief Magistrate’s Court Naivasha for the offence of House Breaking and Stealing Contrary to Section 304 (1) (b) and Stealing Contrary to Section 279 (b) of the Penal Code.
3. The particulars state that on the 5th day of September, 2015 at Ihindu village in Naivasha sub-county within Nakuru County, he broke and entered the dwelling house of Lucy Wanjiku Mwangi with intent to steal from therein and did steal from therein one mobile phone make Samsung Galaxy S3 Lite valued at Kshs 10,999/=, the property of the said Lucy Wanjiku Mwangi.
4. The offender pleaded guilty and was convicted. He was sentenced to serve 1 year imprisonment on each limb. The prison authorities suspecting that he was a minor, referred him for age assessment. His age was assessed at 17 years. I consider that in light of his age, a conviction and sentence ought not to have been recorded against him (See Section 189 of the Children Act). Secondly, the prison term does not accord with the provisions of Section 190 of the Children Act. I will therefore quash the conviction and set aside the sentence.
5. I direct that the offender be brought before Hon. P. Gesora, Chief Magistrate to take plea afresh in accordance with the Children Act. A production order to issue for the offender for this purpose for 6th November, 2015.
Written and signed at Naivasha this5thday of November, 2015
C. W. MEOLI
JUDGE