[2015] KEHC 2480 (KLR)
The court found that the applicants were minors at the time of conviction and sentencing, a fact not brought to the attention of the plea court. The authenticity of their birth certificates was confirmed by official correspondence. Sentencing minors to imprisonment as adults contravenes the law and the principles of...
Source-derived case information.
- Citation
- [2015] KEHC 2480 (KLR)
- Parties
- Applicant: R L; Applicant: I B; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 85 of 2015
- Procedural Posture
- Criminal Revision / Revision
- Outcome
- conviction quashed, sentence set aside, applicants released to parents' custody
- Judges
- CW Meoli
- Legal Topics
- Juvenile Justice, Sentencing of Minors, Criminal Revision
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
R L
Applicant
I B
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Revision
Legal Issues
- 1 Whether the conviction and sentence of the applicants, who were minors at the time of conviction, was lawful.
- 2 Whether the sentence imposed was appropriate given the applicants' age.
Ratio Decidendi
The court found that the applicants were minors at the time of conviction and sentencing, a fact not brought to the attention of the plea court. The authenticity of their birth certificates was confirmed by official correspondence. Sentencing minors to imprisonment as adults contravenes the law and the principles of juvenile justice. The court exercised its revisionary jurisdiction to quash the conviction, set aside the sentence of imprisonment, and ordered the immediate release of the applicants into the custody of their parents, in accordance with the Children Act and the Criminal Procedure Code.
Court Disposition
conviction quashed, sentence set aside, applicants released to parents' custody
Orders
- The conviction against the applicants recorded in the lower court is quashed and substituted with a finding of guilty.
- The sentence of 12 months imprisonment imposed on the minors is set aside.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
Criminal Revision No. 85 Of 2015
R L……………………………………..…………………1ST APPLICANT
I B …………………………………....………………….2ND APPLICANT
-VERSUS-
REPUBLIC…………………………………………………RESPONDENT
(From original Committal Order in Criminal Case No. 2074 of 2014 of the Chief Magistrate’s Court at Narok)
COURT’S ORDER ON REVISION
1. The Subjects were charged with Stealing Contrary to Section 275 of the Penal Code. They pleaded guilty and were convicted and sentenced to twelve (12) months imprisonment.
2. The matter was referred to me by the Hon. Chief Magistrate Narok for revision. The reason for the referral is that the “accused” persons were minors at the time of conviction and sentence. They have been in prison since then. It would seem that the matter of their age at the time was not brought to the attention of the plea court.
3. I have perused the birth certificates in respect of the subjects as well as related correspondence from the National Police Service and the Ministry of Interior and Co-ordination of National Government confirming the authenticity of the birth certificates in respect of the minors.
4. In the circumstances I do hereby quash the conviction against the Appellants recorded in lower court and substitute it with a finding of guilty. I will set aside the sentence of 12 months imprisonment imposed on the minors and order that they be released forthwith from prison and delivered into the care and custody of their parents.
Written and signed at Naivasha this 24th day of September, 2015
C. MEOLI
JUDGE