Mwendwa Malonza v Republic [2006] KEHC 472 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS

Criminal Revision 210 of 2006

MM.......................................... …………………………. APPLICANT

VERSUS

REPUBLIC ……………………...……………… RESPONDENT

J U D G E M E N T

The applicant was in Kitui Senior Resident Magistrate’s Court Criminal Case No. 24 of 2004 convicted of defilement Contrary to Section 145 (1) of the Penal Code.  He was ordered to serve a corrective borstal sentence of 2 years.  The maximum sentence is life imprisonment with hard labour.  The court has considered the sentence and finds it a little on the lower side.  This court accordingly orders that the young offender be produced before the High Court on 25/10/2006 to Show Cause why his corrective borstal sentence should not be enhanced to 3 years and one day.

Order:

Young offender to be produced before this court on 25/10/2006 to show cause why his sentence shall not be enhanced to 3 years and a day.

J.A. ONYANCHA

JUDGE

19/10/06