JNG v Republic (Criminal Appeal 189 of 2017) [2025] KECA 1006 (KLR) (2 May 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1006
- Citation
- [2025] KECA 1006 (KLR)
- Decided
- 2 May 2025
We allow the appeal and set aside the order directing the appellant to be detained at the pleasure of the President. We direct that the appellant be set at liberty unless he is otherwise lawfully held.
Facts
The appellant, JNG, was charged with murder. The prosecution alleged that he stabbed Hadijah Wajera Jullo, a mother of six, in Muthaiga Estate, Nanyuki Township, Laikipia County. The appellant denied the charge.
Issues
- Whether the trial court erred in sentencing the appellant under an unconstitutional law.
- Whether the trial court applied the correct provision of the Children Act when sentencing the appellant.
Reasoning
The trial court erred in sentencing the appellant under an unconstitutional law and applied the wrong provision of the Children Act. The appellant was 16 years old at the time of sentencing, and the appropriate provision should have been section 191(1)(g).
Outcome
The appellant is set at liberty unless he is otherwise lawfully held.
Orders
- Order to serve a minimum of 10 years at the President's pleasure set aside.
- Appellant directed to be set at liberty unless otherwise lawfully held.
Remedies
- Set the appellant at liberty unless he is otherwise lawfully held.
Authorities cited
Legislation (3)
- Children Act
- Penal Code
- Constitution of Kenya
Cases cited (1)
- Convention of the Rights of the Child
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