In Re Jackson Muthiani Musyoka; Kilonzo Musyoka [2005] KEHC 1062 (KLR)

IN THE HIGH COURT OF KENYA AT MACHAKOS Criminal Revision 1 of 2005 JACKSON MUTHIANI MUSYOKA KILONZO MUTHOKA ……………………………………………. APPLICANTS REVISION ORDER

This file has been referred to this court by the trial magistrate for purposes of revising the magistrate’s order of 10/12/04 in which the magistrate committed the two accused persons to Kitathuru Approved School.

They were committed to that institution after the ages were assessed to be 16 and 17 years respectively but they were rejected at the institution for being over age and the magistrate has since learned from the parents of the two that they lied about their ages as they are 19 years and 18 years respectively. Since they cannot be admitted to the said institution because of their age, the court will set aside the order committing them to the said institution. This file is sent back to the trial magistrate for the appropriate sentence to be meted.

To avoid such confusion in future, the trial magistrate should always ask the Probation Officer to confirm to which institution the accused can be committed and file their report.

The accused be produced before the trial magistrate on 27/1/05 for further orders.

Dated at Machakos this 26th day of January 2005

Read and delivered in the presence of

R.V. WENDOH JUDGE