[2014] KEHC 1503 (KLR)
Given the ages of the accused at the time of the offence (16 and 14 years), and the positive social inquiry report indicating community acceptance and good behaviour, the court determined that a custodial sentence was inappropriate. The court relied on the probation officer's recommendation for placement in a...
Source-derived case information.
- Citation
- [2014] KEHC 1503 (KLR)
- Parties
- Applicant: Republic; Defendant: C K K alias P; Defendant: K K
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2012
- Procedural Posture
- Criminal Case / Ruling on Sentence
- Outcome
- Sentence deferred pending confirmation of probation hostel placement.
- Judges
- HI Ong'udi
- Legal Topics
- Juvenile Offenders, Manslaughter, Plea Bargaining
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
C K K alias P
Defendant
K K
Defendant
Procedural Posture
Criminal Case / Ruling on Sentence
Legal Issues
- 1 Whether a custodial sentence is appropriate for juvenile offenders convicted of manslaughter after plea bargaining.
- 2 What alternative sentencing options are available for young offenders in light of social inquiry and probation reports.
Ratio Decidendi
Given the ages of the accused at the time of the offence (16 and 14 years), and the positive social inquiry report indicating community acceptance and good behaviour, the court determined that a custodial sentence was inappropriate. The court relied on the probation officer's recommendation for placement in a probation hostel, pending confirmation of availability. The welfare of the juvenile offenders and the prospects for their rehabilitation outweighed the need for incarceration, especially as the community was willing to receive them back, except for the victim's family. The court thus deferred final orders to allow for arrangements for non-custodial rehabilitation.
Court Disposition
Sentence deferred pending confirmation of probation hostel placement.
Orders
- Probation officer granted two weeks to confirm availability of vacancies at Kimumu Probation Hostel.
- Case to be mentioned on 15th December, 2014 for further orders.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 21 OF 2012
REPUBLIC ………………………..….........PROSECUTOR
VERSUS
C K K alias
P …............................................................... 1ST ACCUSED
K K …............................................................ 2ND ACCUSED
RULING ON SENTENCE
The offence herein was committed on 31st March, 2012 when Accused 1 was 16 years while Accused 2 was 14 years old. Both were charged with the offence of Murder which was later reduced to Manslaughter after a plea bargaining.
It's evident that when the offence was committed both accused were still young, while the deceased was 18 years. It confirms that even the deceased was a young adult.
The social inquiry report shows that the Community at large has no problem in receiving the accused back home. They have been described as being well behaved boys in the village. It is only the victim's family that is hostile to their return.
Considering their age as at the time of the commission of the offence the sentence of a prison term is not one of the options in this matter.
The Probation officer has suggested in her report a temporary shelter at Kimumu Probation Hostelsubject to confirmation. I will allow her two weeks to make a follow up on availability of the vacancies. Mention on 15th December, 2014for further orders.
Dated, signed and delivered this 28th day of November, 2014
H.I. ONG'UDI
JUDGE
In the presence of ;
M/S Keli for State
M/S Bett for Onganyi for Accused
Accused
Korir – Court Assistant