[2017] KEHC 4439 (KLR)
The trial court erred by sentencing the juvenile offender to only one year at the borstal institution, contrary to the mandatory minimum period of three years as stipulated by section 6(1) of the Borstal Institutions Act. The High Court set aside the erroneous order and substituted it with the correct statutory...
Source-derived case information.
- Citation
- [2017] KEHC 4439 (KLR)
- Parties
- Respondent: Republic; Defendant: Gregory Baridi; Defendant: S L
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 185 of 2017
- Procedural Posture
- Criminal Revision / Ruling on Correction of Sentence
- Outcome
- Order of committal to borstal institution for one year set aside and replaced with committal for three years.
- Judges
- CM Njagi
- Legal Topics
- Sentencing, Juvenile Justice, Borstal Institution Committal
- 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
Respondent
Gregory Baridi
Defendant
S L
Defendant
Procedural Posture
Criminal Revision / Ruling on Correction of Sentence
Legal Issues
- 1 Whether the trial court erred in committing the offender to a borstal institution for a period less than the mandatory minimum of three years.
- 2 What is the correct period of committal to a borstal institution under the Borstal Institutions Act.
Ratio Decidendi
The trial court erred by sentencing the juvenile offender to only one year at the borstal institution, contrary to the mandatory minimum period of three years as stipulated by section 6(1) of the Borstal Institutions Act. The High Court set aside the erroneous order and substituted it with the correct statutory period, thereby ensuring compliance with the law governing juvenile sentencing to borstal institutions.
Court Disposition
Order of committal to borstal institution for one year set aside and replaced with committal for three years.
Orders
- The order committing the offender to Shikusa Borstal Institution for one year is set aside.
- The offender is committed to Shikusa Borstal Institution for a period of three years.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
HIGH COURT CRIMINAL REVISION NO.185 OF 2017
REPUBLIC..........................................PROSECUTOR
VERSUS
1. GREGORY BARIDI
2. S L...........................................................ACCUSED
RULING
1. S L, aged 17th years, was convicted of a charge of burglary and stealing contrary to section 304(2) and 279(b) of the Penal Code. The trial court ordered that he be committed to Shikusa Borstal Institution for a period of 1 year. The mandatory period for committal to a borstal institution in accordance with section 6(1) of the Borstal Institutions Act is 3 years. It is on that basis that this file has been placed before me to correct the error made by the trial court in committing the offender to a borstal institution for a period of one year.
2. Indeed the mandatory period that a court can commit an offender to a borstal institution is 3 years. The order to commit the offender herein to Shikusa Borstal Institution for a period of one year is hereby set aside and replaced with a period of three years. The offender then to be committed to Shikusa Borstal Institution for a period of 3 years.
Orders accordingly.
Delivered, dated and sighed at Kakamega this 18th day of July, 2017.
J. NJAGI
JUDGE