B.M.M v Republic [2014] KEHC 6872 (KLR)

210/2013

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CRIMINAL REVISION  NO. 620 OF 2013

B M M………………………….................................APPLICANT

VERSUS

REPUBLIC………………………………………RESPONDENT

ORDER ON REVIEW

This case has been placed before me pursuant to the provisions of Section 186(f) of the Children’s Act, 2001 (the Act) for purposes of review.

The section alluded to provides thus:-

“Every child accused of having infringed any law shall:-

If found guilty, have the decisions and any measures imposed in consequence thereof reviewed by a higher court.”

B M M was charged with the offence of defilement contrary to Section 8(1) and (2) of the Sexual Offences Act No. 3 of 2006. Particulars of the offence being that on the 8th day of October 2013 at [particulars withheld] Village, Kyakatoni sub-location, Ilima Location in Kilungu District within Makueni County intentionally committed an act which caused penetration into the genital organ of M M, a child aged eleven years

According to a Birth Certificate No. [particulars withheld], B Mson of J M M was born on the 28th April, 1998.  At the time of commission of the offence he was 15 years old.  Therefore he was a child per the definition in the Children’s Act (vide Section 2 of the Act).

Having duly reviewed the proceedings and the decision reached by the Trial Court, it is apparent that the learned trial magistrate complied with the provisions of Section 186 of the Act.  Having satisfied itself of the act of having committed the offence of the child as required by Section 191(1) of the Act, the Court made a Probation Order thereto.  In the premises the court complied with the law.

It is so ordered.

DATED, SIGNED and DELIVERED at MACHAKOS this 17TH day of FEBRUARY 2014

L.N. MUTENDE

JUDGE