[2010] KEHC 3690 (KLR)
The court found, based on the radiographic age assessment conducted by Dr. Ogato using the Greulich and Pyle method, that the applicant was 19 years old at the time of examination. The offence occurred on 21st December 2009, and the applicant admitted to being 18 years old at the time of plea on 23rd December 2009....
Source-derived case information.
- Citation
- [2010] KEHC 3690 (KLR)
- Parties
- Applicant: Weldon Kiplangat Bett; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 1 of 2010
- Procedural Posture
- Criminal Revision / Further Ruling
- Outcome
- revision application rejected and dismissed
- Legal Topics
- Age Assessment, Defilement Offence, Minor Status, Sexual Offences Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Weldon Kiplangat Bett
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Further Ruling
Legal Issues
- 1 Was the applicant a minor at the time the offence of defilement was committed?
- 2 Does the applicant qualify for the privileges accorded to minors under the law?
Ratio Decidendi
The court found, based on the radiographic age assessment conducted by Dr. Ogato using the Greulich and Pyle method, that the applicant was 19 years old at the time of examination. The offence occurred on 21st December 2009, and the applicant admitted to being 18 years old at the time of plea on 23rd December 2009. The court concluded that the applicant was an adult at the time the offence was committed and therefore not entitled to the privileges or protections accorded to minors under the law. Consequently, the application for revision on the basis of minority status was rejected and dismissed.
Court Disposition
revision application rejected and dismissed
Orders
- The revision application is hereby rejected and dismissed.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
Criminal Revision 1 of 2010
1. Criminal Law
2. Revision
Further ruling to the question was the applicant a minor at the time of Plea?
3. Held
i) Whereas report confirms. The skeletal age according to the radiographic atlas
of skeletal development of the hand wrist by W.W. Grenlich and S.I. Pyle is 19 years old.
ii) The applicant was an adult at time offence of defilement was committed.
iii) Revision rejected.
4. Case Law
a) Aden V R 1973 E.A
5. In person
WELDON KIPLANGAT BETT ……………………………..APPLICANT
VERSUS
REPUBLIC …………………………………………………RESPONDENT
FURTHER RULING
NO. 2
1. The question that arose in the original ruling on this revision matter is whether the applicant was a minor at the time the offence was committed being Defilement of a girl contrary to Section 8 (1) as read with Section 84 of the Sexual Offence Act.
2. This court ordered that an age assessment be carried out. I have now a report that discloses by a letter of 15th February, 2010 that the applicants age assessment according to the radiographic atlas of Skeletal Development of the hand wrist by W.W. Grenlich and S.I. Pyle as assessed by Dr. Ogato at Nakuru is 19 years old.
3. The offence occurred on the 21st December, 2009. The plea taken on 23rd December, 2009 where the applicant admitted his age being 18 years old.
4. My further ruling on this revision matter is that the applicant being an adult, he does not qualify for the privileges of a minor.
5. The revision application is hereby rejected and dismissed.
DATEDthis 16th day of February, 2010 at KERICHO
M.A. ANG’AWA
JUDGE