BOO v Republic (Criminal Appeal 35 of 2015) [2015] KEHC 610 (KLR) (15 December 2015) (Judgment)
- Court
- High Court of Kenya
- Case number
- 610
- Citation
- [2015] KEHC 610 (KLR)
- Decided
- 15 December 2015
The sentence to serve 20 years' imprisonment imposed on the appellant who was a minor at the time of commission of the offence is unlawful.
Facts
The appellant, BOO, was convicted of defilement and sentenced to 20 years' imprisonment. The appellant was a minor at the time of the offence.
Issues
- Whether the sentence to serve 20 years' imprisonment imposed on the appellant who was a minor at the time of commission of the offence was unlawful.
Reasoning
The court held that the sentence was beyond the mandatory minimum period of 15 years and that the trial court erred in using the words 'convicting' and 'sentencing' the appellant instead of entering the word 'person found guilty of an offence, or enter a finding of guilt or an order upon such finding as the case might have been.'
Outcome
The appeal is allowed only against the sentence and conviction is upheld. The sentence is substituted with a Community Service Order.
Orders
- The appellant is placed under Community Service Order and shall serve three (3) years under the probation officers at Siaya County.
Remedies
- Community Service Order
Authorities cited
Legislation (2)
- Sexual Offences Act, No 3 of 2006
- Children Act, 2001
Cases cited (1)
- Sexual Offences Act, No 3 of 2006 sections 8 (1) & 8 (4); Children Act, 2001 section 191
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