J M W &I K W v Republic [2018] KEHC 7834 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIVASHA

CRIMINAL REVISION NO. 5 OF 2018

(From Original Conviction and Sentence in Criminal Case No. 980 of 2018 of the Principal Magistrate’s Court at Engineer)

J M W.........................................1ST APPLICANT

I K W.........................................2ND APPLICANT

-VERSUS-

REPUBLIC...................................PROSECUTOR

ORDER ON REVISION

1) A letter Ref: NAP/PPGM/2/Vol. V/245 dated 15th February, 2018 filed into court by the Officer in charge Naivasha Medium Prison, and the attached age assessment reports indicate that the Subjects are minors.

2) Based on the age assessment reports, the sentence imposed on the minors is not sustainable as it offends Section 190 and 191 inter alia, of the Children Act.  I therefore order that:

a) The prison term against the minors is hereby set aside for illegality.

b) The two Subjects be removed from Prison custody immediately, and be held at the Juvenile Remand Home at Nakuru pending further orders.

c) A Probation Officers’ report in respect of the minors be prepared within 14 days.

d) The Duty Registrar of this court to ensure the immediate compliance with direction (b) above.

Written and signed at Naivasha this 15th day of February, 2018.

C. MEOLI

JUDGE