[2020] KEHC 8824 (KLR)
The trial court erred in sentencing the applicant, a youthful offender, to one year in a borstal institution, contrary to the mandatory three-year period stipulated by Section 6(1) of the Borstal Institutions Act. The High Court, exercising its revisionary jurisdiction under Section 364 of the Criminal Procedure...
Source-derived case information.
- Citation
- [2020] KEHC 8824 (KLR)
- Parties
- Applicant: Solomon Mwihugi Muthoni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 4 of 2020
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- sentence revised and substituted
- Legal Topics
- Sentencing Revision, Juvenile Offenders, Borstal Institution Committal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solomon Mwihugi Muthoni
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the sentence of one year committal to a borstal institution was lawful under the Borstal Institutions Act.
- 2 Whether the High Court should revise the sentence to comply with statutory requirements.
Ratio Decidendi
The trial court erred in sentencing the applicant, a youthful offender, to one year in a borstal institution, contrary to the mandatory three-year period stipulated by Section 6(1) of the Borstal Institutions Act. The High Court, exercising its revisionary jurisdiction under Section 364 of the Criminal Procedure Code, set aside the unlawful sentence and substituted it with the statutory minimum of three years. The court emphasized that sentencing must strictly comply with statutory provisions, especially where the law prescribes a mandatory minimum period. The revision was necessary to correct the illegality and ensure the sentence aligns with the legislative intent for the reformation of...
Court Disposition
sentence revised and substituted
Orders
- The order committing the applicant to a borstal institution for one year is set aside.
- The applicant is committed to a borstal institution for a period of three years.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL REVISION NO.4 OF 2020
SOLOMON MWIHUGI MUTHONI....................................APPLICANT
VERSUS
REPUBLIC..........................................................................RESPONDENT
(Criminal revision from the original conviction and sentence in criminal case No. 59 of 2020 of the Chief Magistrates Court at Nyeri)
JUDGMENT
Solomon Mwihugi Muthoni aged 17 was charged in the magistrate’s court with the offence of stealing contrary to Section 268(1) as read with Section 275 of the Penal Code, Cap 63. He faced an alternative charge of handling stolen goods contrary to Section 322(1) (2) of the Penal Code. The trial court convicted him of the main charge and ordered that he be committed to Shimo la Tewa Borstal Institution for a period of one year.
Vide a letter dated 24th January 2020, by the Honorable Senior Resident Magistrate, Hon. Nelly Kariuki, who presided over the trial, forwarded the record to this honourable court for revision of the sentence.
The basis for revision is that the mandatory period for committal to a borstal institution in accordance with Section 6(1) of the Borstal Institutions Act, Cap 92 is three years and not the one year meted out against the accused. This section reads:
6. Committal of youthful offender to borstal institution
(1) Where the High Court or a subordinate court of the first class or a juvenile court is satisfied, after considering the matters specified in section 5 of this Act, that it is expedient for his reformation that a youthful offender should undergo training in a borstal institution, it may, instead of dealing with the offender in any other way, direct that the offender be sent to a borstal institution for a period of three years.
By the powers conferred to this court under Section 364 of the Criminal Procedure Code, Cap 75, the order to commit the applicant herein is thus reviewed and set aside and, in its place, substituted with an order committing him to the borstal institution for a period of three years. It is so ordered.
Dated and signed this 28th January, 2020
Ngaah Jairus
JUDGE