L L & C L v Republic [2017] KEHC 772 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NYAHURURU

CRIMINAL REVISION NO.25 OF 2017

L L................................1ST APPLICANT

C L...............................2ND APPLICANT

-V E R S U S –

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

REVISION ORDER

L L and C L were charged with the offence of illegal grazing on private land contrary to Section 3(1) as read with Section 11 of the Trespass Act, Cap.294 Laws of Kenya.

They are alleged to have illegally and unlawfully grazed 53 herds of cattle on Loisaba Ranch on 21/10/2017 without consent from the management.

When they were arraigned before the court on 23/10/2017, they pleaded guilty and were sentenced to serve 21 days imprisonment.

The file was placed before me for purposes of revision because it is said that the accused were minors and are ailing in prison.

Unfortunately, this court has not got any report from the prison or from the probation office to ascertain who the accused exactly are, or whether they are minors.  However this file having been placed before me by the Chief Magistrate, I will believe that she has the facts correct.

This offence is prevalent in this area and the older people send minors to trespass and graze on land illegally because they know that the children cannot be taken to prison, which is unfortunate.  If indeed the accused are children, then they should have been dealt with under the Children’s Act not sent to prison.

I therefore set aside the sentence and set the two accused at liberty forthwith.

Signed and Dated at NYAHURURU this 15th day of march 2017.

........................

R.P.V. Wendoh

JUDGE