DWM & 2 others v Republic [2021] KEHC 3886 (KLR)
- Court
- High Court of Kenya
- Case number
- 3886
- Citation
- [2021] KEHC 3886 (KLR)
- Decided
- 23 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from conviction and sentenceCoramL. KIMARU
Holding
The appeals against conviction are dismissed. The custodial sentences are commuted to the period served, and the minors are discharged.
Facts
On 13th May 2019, DWM, SBO, GOE, BAM, and KS broke into Tulin Stores Limited and stole various electronic devices and other items.
Issues
- Whether the minors were properly charged and convicted
- Whether the minors were properly sentenced to imprisonment
Reasoning
The court found that the minors were capable of criminal responsibility and that the trial court erred in sentencing them to imprisonment. The appeals against sentence succeed, but the minors are discharged as they have already served some time in prison.
Outcome
Appeals against conviction dismissed; appeals against sentence succeed; minors discharged.
Orders
- The appeals against conviction are dismissed.
- The custodial sentences are commuted to the period served.
- The minors are discharged.
Authorities cited
Legislation (4)
- Section 14(2) of the Penal Code
- Section 186-190 of the Children's Act
- Section 190(1) of the Children's Act
- Section 191 of the Children's Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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