[2024] KEHC 9407 (KLR)
The court found that the sentence of 3 years in a youth correctional facility was illegal as it exceeded the statutory maximum of 4 months for minors under the Children.s Act. Considering the respondent had already spent 21 days in police custody, the court set aside the original sentence and substituted it with a...
Source-derived case information.
- Citation
- [2024] KEHC 9407 (KLR)
- Parties
- Applicant: Republic; Respondent: Joefred Thuo Kibe
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E219 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; original sentence set aside and replaced with 4 months probation
- Judges
- DKN Magare
- Legal Topics
- Sentencing Review, Juvenile Justice, Correctional Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joefred Thuo Kibe
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of 3 years in a youth correctional facility was lawful under the Children.s Act.
- 2 Whether the sentence should be revised to comply with statutory limits for minors.
Ratio Decidendi
The court found that the sentence of 3 years in a youth correctional facility was illegal as it exceeded the statutory maximum of 4 months for minors under the Children.s Act. Considering the respondent had already spent 21 days in police custody, the court set aside the original sentence and substituted it with a sentence of 4 months probation, holding that the reasons in the probation report were insufficient to deny probation. The revision was necessary to align the sentence with the law and prevent a miscarriage of justice.
Court Disposition
sentence revised; original sentence set aside and replaced with 4 months probation
Orders
- The committal for 3 years in a youth correctional facility is set aside.
- The respondent is sentenced to 4 months probation.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Kibe (Criminal Revision E219 of 2024) [2024] KEHC 9407 (KLR) (29 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9407 (KLR)
Republic of Kenya
In the High Court at Nyeri
Criminal Revision E219 of 2024
DKN Magare, J
July 29, 2024
Between
Republic
Applicant
and
Joefred Thuo Kibe
Respondent
Ruling
1. The sentence given was 3 years in Kamiti Youth Correction and Training Centre. The same was for 3 years. The maximum period for a correctional centre under the Children’s Act is 4 months.
2. The state applied for review of sentence pursuant to Article 165(6) and (7) of the Constitution as read with Section 362, 364(1)(b) and 367 of the Criminal Procedure Code. This was to avoid miscarried of justice.
3. I note that both the complainant and the convict were minors at the time of commission of the offence. The convict has already spent 22 days in custody.
4. The most ideal is to correct the sentence to 4 months in a correctional facility.
5. However, given that he has already spent a full 21 days in police cells, I shall convert the remainder of the period to 4 months probation.
6. The reasons given in the probation report are not sufficient to deter probation.
7. Consequently the committal for 3 years in a youth correctional facility is illegal. It is set aside and replaced with 4 months probation.
DELIVERED, DATED AND SIGNED AT NYERI ON THIS 29TH DAY OF JULY, 2024. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of:-Ms. Kaniu for the StateNo appearance for the ApplicantCourt Assistant – Jedidah