[2024] KEHC 1236 (KLR)
The court, having found the accused guilty of murder as a child offender, determined that the best interests of the child required a non-custodial sentence. This decision was guided by the recommendations of the Directorate of Children Services and the Directorate of Probation Services, both of which emphasized the...
Source-derived case information.
- Citation
- [2024] KEHC 1236 (KLR)
- Parties
- Applicant: Republic; Defendant: DM
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E139 of 2021
- Procedural Posture
- Criminal Case / Sentencing Order
- Outcome
- Non-custodial sentence imposed; child offender placed under probation supervision and care of maternal uncle.
- Judges
- PJO Otieno
- Legal Topics
- Juvenile Offenders, Sentencing Guidelines, Child Protection, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
DM
Defendant
Procedural Posture
Criminal Case / Sentencing Order
Legal Issues
- 1 Whether a child offender convicted of murder should be subjected to a custodial or non-custodial sentence.
- 2 What measures are appropriate to ensure the welfare, reintegration, and protection of a child in conflict with the law.
Ratio Decidendi
The court, having found the accused guilty of murder as a child offender, determined that the best interests of the child required a non-custodial sentence. This decision was guided by the recommendations of the Directorate of Children Services and the Directorate of Probation Services, both of which emphasized the need for care, protection, and reintegration. The court ordered placement under the supervision of the County Director of Probation for three years, with the child to be placed with a maternal uncle to avoid hostility and stigma from the home community. The court further directed that the child receive education and counselling, and that the parents remain responsible for his...
Court Disposition
Non-custodial sentence imposed; child offender placed under probation supervision and care of maternal uncle.
Orders
- The child is placed under the supervision of the County Director of Probation for a period of three years.
- The County Directorate of Children Services and Probation Services shall facilitate placement with the identified maternal uncle.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v DM (Criminal Case E139 of 2021) [2024] KEHC 1236 (KLR) (8 February 2024) (Order)
Neutral citation: [2024] KEHC 1236 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case E139 of 2021
PJO Otieno, J
February 8, 2024
Between
Republic
Prosecution
and
DM
Accused
Order
1. Having adjudged the child offender guilty of the offence of murder, he stands out as a child in conflict with the law and needing care and protection.
2. On that basis the Court called for reports from directorate of Children Services as well as the directorate of Probation Services.
3. Both reports have been received and they stress non-custodial sentence with a further recommendation that the child be placed in the custody of an uncle to obviate hostility from the homefront where the offence occurred.
4. Being guided by the two reports, it is therefore ordered that the child is placed under the supervision of the County Director of Probation, for a period of three (3) years, who in conjunction with the County Directorate of Children Services shall facilitate his placement with the identified maternal uncle, so as to help him reiterate into society, get a chance to be properly brought up away from stigma and possible harm from the community that may have not fully forgiven him.
5. While in such placements the two directorates shall facilitate the child to get regular and befitting education and counselling services as a way of helping him reintegrate into society to become a useful citizen.
6. The parents are not relieved of their parental obligations and shall provide all the needs to enable access education as well as other welfare needs while he remains under the care of the said uncle.
DATED, SIGNED AND DELIVERED AT KAKAMEGA, THIS 8TH DAY OF FEBRUARY, 2024. PATRICK J. O. OTIENOJUDGEIn the presence of:Ms. Chala for the ProsecutionMr. Iddi for the Subject/OffenderMr. Ounma for the Directorate of ProbationMr. Nimrod for the Directorate of Children ServicesCourt Assistant: Polycap Mukabwa