MUSYOKA MUTINDA & ANOTHER v REPUBLIC [2006] KEHC 471 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS

Criminal Revision 211 of 2006

MUSYOKA MUTINDA

CHARLES MWANZIA …………………….. APPLICANTS

VERSUS

REPUBLIC ……………….………………. RESPONDENT

J U D G E M E N T

The two applicants were in Kitui Resident Magistrate’s Court Criminal Case No. 912 of 2006 convicted of theft Contrary to Section 275 of Penal Code and sentenced to 12 months at Kamiti Youth Corrective Training Centre.  The centre refused to take them in because it takes only those sentenced to no more than 4 months, (see Section 67 of the Prisons Act Cap 90).

To enable the case to fit in with the corrective centre this court will alter the period correction from 12 months to 4 months.

Order:

The corrective punishment is hereby altered from 12 months to 4 months with effect from 23rd October, 2006.

D.A. ONYANCHA

JUDGE

19/10/06