F D P v REPUBLIC [2009] KEHC 1063 (KLR)

1. Criminal Law

2. Revision

a.   Subject, minor aged 16 years old committed to Bostal School for three years for offence of stealing

b.   Subject Scheduled to suit for national exams in November,

c.   To allow son do exams

3. Held

a.   all letters be written to the Registrar/Deputy Registrar of a station and never direct to a judge.

b.    The reasons to revise the case is not given

under the Children’s act nor the Criminal Procedure Act.

c.   That the application is rejected.

d.   That the revision be subject be escorted to do his exams at Kiptetan Centre No. 512307 or at the Borstal Institution at Shikusa whilst serving his term at the institution.

4. Case Law

5. Advocate – Nil

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

CRIMINAL REVISION 6 OF 2009

F D P ……….………APPLICANT

VERSUS

REPUBLIC………..RESPONDENT

RULING

1.  The applicant is the mother to the 3rd offender and subject herein.

2.  The subject had been charged with stealing and sentenced to three years term at the Shikusa Borstal institute.

3.  A letter to this court by the subject’s mother prayed that the subject be released in order to complete his final examinations.

II: Held

4.  All letters for revision be and must be addressed to the Registrar High Court and or the Deputy Registrar.  No letters should be written directly to the Hon. Judge.

5.  That the subject does not fall under the category for Revision on the Children’s Act.

6.  It is hereby ordered that this revision be rejected.  The prisons official should put the subject to sit his for exams at the institute or escort him to the Kiptetan Centre No. 512307.

7.  Application is otherwise rejected.

DATEDthis 8th day for October, 2009 atKERICHO

M.A. ANG’AWA

JUDGE

Advocates -Nil