Grace Kendi v Republic [2017] KEHC 3238 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NANYUKI

CRIMINAL REVISION 124 OF 2017

GRACE KENDI..................................................APPLICANT

Versus

REPUBLIC...................................................RESPONDENT

(Being a revision of an order issued by the Chief Magistrate at Nanyuki Law Courts in Criminal Case No. 798 of 2017 on 5th July 2017)

RULING

1. GKwho is 15 years old was convicted on her own plea of guilt for the offences of burglary and stealing. The trial court sentenced to Borstal Institution for 3 years. That Borstal Institution on realizing that she was expectant referred the matter back to court for revision of the sentence because that institution lacks the facility to keep her with her child. It is under those circumstances that this court has been called upon to revise the sentence.

2. I  hereby order that the sentence of 15th July 2015 be set aside and be substituted with a sentence  of probation for three years with the first year being served at[Particulars Withheld] Probation  Hostel.

3. It is so ordered

Dated this 3rd October 2017.

MARY KASANGO

JUDGE