[2022] KEHC 10496 (KLR)
The court found that the accused, now aged 19, was ineligible for committal to Shimo La Tewa Borstal Institution as per the institution's requirements and applicable law. Given that the accused had already spent over two years in custody since April 1, 2020, and considering his age and circumstances, the court...
Source-derived case information.
- Citation
- [2022] KEHC 10496 (KLR)
- Parties
- Applicant: Republic; Defendant: DKR
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2020
- Procedural Posture
- Criminal Case / Ruling on Sentencing
- Outcome
- Accused placed on probation for three years.
- Judges
- AN Ongeri
- Legal Topics
- Sentencing, Probation Orders, Juvenile Justice, Institutional Care
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
DKR
Defendant
Procedural Posture
Criminal Case / Ruling on Sentencing
Legal Issues
- 1 Whether the accused, now aged 19, is eligible for committal to Shimo La Tewa Borstal Institution.
- 2 Whether a non-custodial sentence is appropriate given the accused's age and time already spent in custody.
Ratio Decidendi
The court found that the accused, now aged 19, was ineligible for committal to Shimo La Tewa Borstal Institution as per the institution's requirements and applicable law. Given that the accused had already spent over two years in custody since April 1, 2020, and considering his age and circumstances, the court determined that a non-custodial sentence was appropriate. The accused was therefore placed on probation for a period of three years, with the county probation officer directed to arrange for counselling and reintegration into society.
Court Disposition
Accused placed on probation for three years.
Orders
- The accused is placed on probation sentence for a period of three years.
- The county probation officer shall arrange for counselling for the accused to facilitate reintegration into society.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v DKR (Criminal Case 8 of 2020) [2022] KEHC 10496 (KLR) (20 May 2022) (Ruling)
Neutral citation: [2022] KEHC 10496 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case 8 of 2020
AN Ongeri, J
May 20, 2022
Between
Republic
Prosecution
and
DKR
Accused
Ruling
1. This matter was referred back to Probation Office on 21/4/2022 for purposes of finding another suitable place for the subject to be committed for Institutional care since Shimo La Tewa Borstal Institutionin their letter dated 16/3/2022 stated that the subject has to be committed for a mandatory period of 3 years and further that he must not be below the age of 18 years.
2. The subject is now 19 years and therefore he does not meet the criteria for admission to Shimo La Tewa Borstal Institution.
3. I find that the subject has been in custody since 1st April 2020 to date, a period of over two years.
4. The subject is suitable for a non-custodial sentence and I accordingly place him on probation sentence for a period of 3 years.
5. The county probation officer to arrange for counselling for the subject to reintegrate him back to society.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 20TH DAY OF MAY, 2022. A. N. ONGERIJUDGE