[2022] KEHC 982 (KLR)
The court found that the applicant was a minor at the time of conviction, as evidenced by his birth certificate and confirmation from his school. Given his age and the circumstances, the court determined that it was inexpedient to inflict punishment. The court exercised its discretion under Section 35(1)(a) of the...
Source-derived case information.
- Citation
- [2022] KEHC 982 (KLR)
- Parties
- Applicant: VK; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E074 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision allowed; applicant discharged under Section 35(1)(a) of the Criminal Procedure Code
- Judges
- AN Ongeri
- Legal Topics
- Sentencing of Minors, Possession of Alcohol, Alcoholic Drinks Control, Criminal Revision, Discharge of Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
VK
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant, a minor, was appropriate under the law.
- 2 Whether the applicant should be discharged under Section 35(1)(a) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant was a minor at the time of conviction, as evidenced by his birth certificate and confirmation from his school. Given his age and the circumstances, the court determined that it was inexpedient to inflict punishment. The court exercised its discretion under Section 35(1)(a) of the Criminal Procedure Code to discharge the applicant, emphasizing the principle that minors should be treated with leniency and a focus on rehabilitation rather than punitive measures. The original sentence of a fine or imprisonment was therefore set aside, and the applicant was ordered to be set free unless otherwise lawfully held.
Court Disposition
application for revision allowed; applicant discharged under Section 35(1)(a) of the Criminal Procedure Code
Orders
- The applicant is discharged under Section 35(1)(a) of the Criminal Procedure Code.
- The applicant is to be set free forthwith unless lawfully held for any other reason.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF KENYA
AT KERICHO
CRIMINAL REVISION NO. E074 OF 2022
VK.........................................................................................................APPLICANT
V E R S U S
REPUBLIC........................................................................................RESPONDENT
R U L I N G
1. The Applicant was convicted with the offence being in Possession of alcoholic Drinks without a licence Contrary to Section 27 (1) (b) as read with Section 27 (4) of the Alcoholic Drinks Control Act No.4 of 2010.
2. The Applicant pleaded guilty to the charge and he was sentence to pay a fine of Kshs.20,000/= in default to serve 2 months in jail on 21/3/2022.
3. The applicant applied for review of the said sentence on the grounds that he is a minor aged 16 years having been born on 8/5/2006 and further that he is a pupil at [Particulars Withheld] Primary School have sat for KCPE this year.
4. The Applicant attached a copy of his birth certificate and a letter from the Head Teacher to confirm the same.
5. In view of the evidence attached showing the applicant is a minor, he is discharged under Section 35(1)(a) of the Criminal Procedure Code.
6. Section 35(1) of Penal code provides as follows:-
“35. (1) where a court by or before which a person is convicted over an offence is opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order under the Probation of Offenders Act is not appropriate, the court may make an order discharging him absolutely or, if the court deems fit, discharging his subject to the condition that he commits no offence during such period, not exceeding 12 months from the date of the order, as may be specified therein.
7. I direct that the Applicant to be set free forthwith unless lawfully held for any other reason.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 25TH DAY OF MARCH, 2022.
A. N. ONGERI
JUDGE