[2015] KEHC 2625 (KLR)
The court found that the accused, being a 14-year-old minor and a school-going child, should not have her education compromised by continued incarceration. The court considered the probation report, her status as a promising student, and the fact that she had already spent about a week in prison. In light of these...
Source-derived case information.
- Citation
- [2015] KEHC 2625 (KLR)
- Parties
- Applicant: Z N; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Judgment Date
- 6 May 2015
- Case Number
- Revision Case 49 of 2015
- Procedural Posture
- Criminal Revision / Sentence Review
- Outcome
- sentence reviewed and reduced to time served; accused to be released immediately
- Judges
- JV Juma
- Legal Topics
- Sentencing of Minors, Review of Sentence, Alcoholic Drinks Offences
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Z N
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review
Legal Issues
- 1 Whether the sentence imposed on a 14-year-old minor for selling unprescribed alcoholic drinks and without a licence was appropriate under the law.
- 2 Whether continued incarceration of the minor would unjustly compromise her education.
Ratio Decidendi
The court found that the accused, being a 14-year-old minor and a school-going child, should not have her education compromised by continued incarceration. The court considered the probation report, her status as a promising student, and the fact that she had already spent about a week in prison. In light of these circumstances, the sentence was reviewed and reduced to time served, with the accused ordered to be released immediately unless otherwise lawfully held.
Court Disposition
sentence reviewed and reduced to time served; accused to be released immediately
Orders
- The sentence is reviewed and reduced to time served.
- The accused is to be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
REVISION NO. 49 OF 2015
Z N.....................................................................................................................APPLICANT
VERSUS
REPUBLIC...................................................................................................RESPONDENT
REVISION ORDER
The accused, ZN, is a 14 year old school girl who was arraigned before Nakuru Magistrate’s Court on 29/4/2015 facing a charge of selling unprescribed alcoholic drinks contrary to Section 32 of the Alcoholic Drinks Act and a second charge of selling alcoholic drinks without a licence contrary to Section 2 of the same Act. The minor pleaded guilty to both charges. She was convicted and sentenced on the 1st count to a fine of Kshs.20,000/- in default three (3) months imprisonment and on the 2nd count she was fined Kshs.5,000/- in default two (2) months imprisonment. The accused was unable to raise the fine and is currently serving her sentence at the GK Prison in Nakuru.
A request for review of sentence was made in this matter by the Nakuru Sub-County Probation Officer vide a letter to court dated 5/5/2015. I note that the accused only 14 years old is a minor under the law. She is a school girl and attends Highland Mission School in Form I. I have perused her annexed report which shows that she is a promising student. I take judicial notice of the fact that schools have now opened for the 2nd term thus her continued incarceration will mean that her education will be compromised. Given this set of circumstances and given that the child has already spent about a week in prison, I hereby review her sentence and reduce it to time served. The accused is to be set at liberty forthwith unless she is otherwise lawfully held.
MAUREEN A. ODERO
JUDGE
6/5/2015