[2015] KEHC 7681 (KLR)
The court held that the Children’s Court has jurisdiction to try all criminal offences against children except for murder or where the child is charged jointly with adults, as expressly provided by Section 73(b) of the Children Act. Since the respondent was a child at the time of plea and was not charged with murder...
Source-derived case information.
- Citation
- [2015] KEHC 7681 (KLR)
- Parties
- Applicant: Republic; Respondent: A K G
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 208 of 2015
- Procedural Posture
- Criminal Revision / Ruling on Jurisdictional Revision
- Outcome
- case remitted to children’s court for hearing and determination
- Judges
- LK Kimaru
- Legal Topics
- Children in Conflict With Law, Jurisdiction of Childrens Court, Robbery With Violence, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
A K G
Respondent
Procedural Posture
Criminal Revision / Ruling on Jurisdictional Revision
Legal Issues
- 1 Whether the Children’s Court has jurisdiction to hear and determine a charge of robbery with violence against a child under 18 years.
- 2 Whether the referral of the case to a higher court due to the nature of the offence was proper under the Children Act.
Ratio Decidendi
The court held that the Children’s Court has jurisdiction to try all criminal offences against children except for murder or where the child is charged jointly with adults, as expressly provided by Section 73(b) of the Children Act. Since the respondent was a child at the time of plea and was not charged with murder nor jointly with adults, the Children’s Court was competent to hear and determine the charge of robbery with violence. The referral of the case to a higher court was a misdirection. The case was therefore remitted to the Children’s Court for hearing and determination to its conclusion.
Court Disposition
case remitted to children’s court for hearing and determination
Orders
- The case is remitted back to the Children’s Court (Z.W. Gichana – RM) to hear and determine the case to its conclusion.
- The Children’s Court is confirmed to have jurisdiction over the matter.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO.208 OF 2015
REPUBLIC…………………………………………………......... APPLICANT
VERSUS
A K G…………………………………………….……………..RESPONDENT
RULING
The Respondent herein was charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code. When the Respondent was arraigned before the court, it was realized that he was a child within the meaning of Section 2 of the Children Act. This was after the court had confirmed, on age assessment, that indeed the Respondent was 17 years at the time plea was being taken. He was therefore under the age of 18 years. The case was referred to the Children’s Court for hearing and determination. Hearing commenced before the Children’s Court (Z. W. Gichana – RM) on 18th July 2014. So far, five prosecution witnesses have testified. On 11th September 2015, the said court made the following Ruling:
“I have noted that in this matter the subject is charged with robbery with violence. This (court) being a Resident Magistrate’s Court it has no jurisdiction. I therefore direct that the matter be placed before Hon. Gitari – CM for directions.”
The file has been forwarded to this court for appropriate orders to be issued on revision. With greatest respect to the Learned Magistrate, the order issued above is a misdirection. Section 73 of the Children Act sets out the jurisdiction of the Children’s Court. Under Section 73(b) of the Act, the Children’s Court has jurisdiction to hear:
“…any charge against a child, other than a charge of murder or charge in which the child is charged together with a person or persons of or above the age eighteen years.”
It is clear from the above section that the Children’s Court has jurisdiction to try all criminal cases facing children except children charged with murder or children charged in the same case with adults. It is the status of the child that determines the jurisdiction of the Children’s Court. The Respondent in this case has been charged with an offence which does not fall within the exception anticipated under Section 73(b) of the Children Act. In the premises therefore, it is clear that the trial court has jurisdiction to continue hearing the case to its conclusion.
The case is therefore remitted back to the Children’s Court (Z.W. Gichana –RM) to hear the case to its conclusion. The court has jurisdiction to hear the case.
DATED AT NAIROBI THIS 25TH DAY OF SEPTEMBER 2015
L. KIMARU
JUDGE