Republic v Gregory Baridi & S L [2017] KEHC 4439 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KAKAMEGA

HIGH COURT CRIMINAL REVISION NO.185 OF 2017

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

VERSUS

1. GREGORY BARIDI

2.  S L...........................................................ACCUSED

RULING

1. S L, aged 17th years, was convicted of a charge of burglary and stealing contrary to section 304(2) and 279(b) of the Penal Code.  The trial court ordered that he be committed to Shikusa Borstal Institution for a period of 1 year.  The mandatory period for committal to a borstal institution in accordance with section 6(1) of the Borstal Institutions Act is 3 years.  It is on that basis that this file has been placed before me to correct the error made by the trial court in committing the offender to a borstal institution for a period of one year.

2.  Indeed the mandatory period that a court can commit an offender to a borstal institution is 3 years.  The order to commit the offender herein to Shikusa Borstal Institution for a period of one year is hereby set aside and replaced with a period of three years.  The offender then to be committed to Shikusa Borstal Institution for a period of 3 years.

Orders accordingly.

Delivered, dated and sighed at Kakamega this 18th day of July, 2017.

J. NJAGI

JUDGE