Republic v DKR [2022] KEHC 10496 (KLR)

Republic v DKR (Criminal Case 8 of 2020) [2022] KEHC 10496 (KLR) (20 May 2022) (Ruling)

Neutral citation: [2022] KEHC 10496 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case 8 of 2020

AN Ongeri, J

May 20, 2022

Between

Republic

Prosecution

and

DKR

Accused

Ruling

1. This matter was referred back to Probation Office on 21/4/2022 for purposes of finding another suitable place for the subject to be committed for Institutional care since Shimo La Tewa Borstal Institutionin their letter dated 16/3/2022 stated that the subject has to be committed for a mandatory period of 3 years and further that he must not be below the age of 18 years.

2. The subject is now 19 years and therefore he does not meet the criteria for admission to Shimo La Tewa Borstal Institution.

3. I find that the subject has been in custody since 1st April 2020 to date, a period of over two years.

4. The subject is suitable for a non-custodial sentence and I accordingly place him on probation sentence for a period of 3 years.

5. The county probation officer to arrange for counselling for the subject to reintegrate him back to society.

DELIVERED, DATED AND SIGNED AT KERICHO THIS 20TH DAY OF MAY, 2022. A. N. ONGERIJUDGE