[2010] KEHC 2323 (KLR)
The court found that the sentence imposed on the applicant, a child aged 16 at the time of conviction, was contrary to section 191(1) of the Children Act, which provides for specific ways of dealing with child offenders, including discharge under section 35(1) of the Penal Code. The imposition of a custodial...
Source-derived case information.
- Citation
- [2010] KEHC 2323 (KLR)
- Parties
- Applicant: S.K.M; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 331 of 2010
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- sentence revised; applicant discharged
- Judges
- MJA Emukule
- Legal Topics
- Juvenile Justice, Sentencing of Children, Children Act Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S.K.M
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the sentence imposed on a child offender aged 16 contravened section 191(1) of the Children Act.
- 2 Whether the applicant should have been discharged under section 35(1) of the Penal Code instead of being sentenced to imprisonment or a fine.
Ratio Decidendi
The court found that the sentence imposed on the applicant, a child aged 16 at the time of conviction, was contrary to section 191(1) of the Children Act, which provides for specific ways of dealing with child offenders, including discharge under section 35(1) of the Penal Code. The imposition of a custodial sentence or a fine was therefore unlawful. Exercising its revisionary jurisdiction under section 363(1)(b) of the Criminal Procedure Code, the court reversed the sentence and ordered that the applicant be discharged under section 35(1) of the Penal Code, subject to good behavior for six months.
Court Disposition
sentence revised; applicant discharged
Orders
- The sentence imposed on the applicant is reversed.
- The applicant is discharged under section 35(1) of the Penal Code, subject to good behavior for six months.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Revision 331 of 2010
S.K.M……………………….…………………APPLICANT
VERSUS
REPUBLIC………………………………………RESPONDENT
JUDGMENT
The attention of this court has been brought to the conviction and sentence of the Applicant S.K.M who was a child of 16 years at the time of his conviction.Section 191(1) of the Children Act (No. 8 of 2001) describes the penalties to which a child of the age of 16 may be subject to.The said section provides that -
“(1)In spite of the provisions of any other law and subject to this Act, where a child is tried for an offence, and the court is satisfied as to his guilt, the court may deal with the case in one or more of the following ways –
(a)By discharging the offender under section 35(1) of the Penal Code;
By sentencing the Applicant to 3 months or a fine of Kshs 5,000/= in default the court breached the said provisions of the Children Act.
In exercise therefore of the powers conferred upon this court by section 363(1) (b) I reverse the said sentence and direct that the subject be discharged under the provisions of section 35(1) of the Penal Code subject to good behavior for the next six months.
Dated, signed and delivered at Nakuru this 29th day of April 2010
M. J. ANYARA EMUKULE
JUDGE