JBM v Republic (Criminal Revision 304 'B' of 2024) [2024] KEHC 12977 (KLR) (25 October 2024) (Ruling) Neutral citation: [2024] KEHC 12977 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA CRIMINAL REVISION 304 'B' OF 2024 AC BETT, J OCTOBER 25, 2024 BETWEEN JBM ............................................................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The subject JBM was charged with defilement contrary to Section 8 (1) (2) of the Sexual Offences Act. The particulars of the ofience were that on the 2nd day of July 2023 in Kakamega Central Sub-County within Kakamega County, he intentionally caused his penis to penetrate the vagina of CI a child aged four (4) years. In the alternative, he was charged with committing an indecent act with a child contrary to Section 11 (1) of the Sexual Offences Act. 2. After the case was partly heard, the subject changed his plea and pleaded guilty to the charge of defilement. Upon hearing his mitigation and considering the Pre-sentence report alongside the report from the Children’s Officer, the trial Magistrate committed the subject to a Borstal Institution for a period of two (2) years. At the time of committal, the subject was aged sixteen (16) years. After confirming that Shikusa Borstal Institution had a vacancy, the trial court issued orders that the subject be committed there. This was on 14th October 2024. 3. By a letter dated 17th October 2024, the Superintendent In-charge, Shikusa Borstal Institution noted that there was a discrepancy in the sentence because Section 6 (1) of the Borstal Institutions Act Cap 92 Laws of Kenya stipulated that where a subject is sentenced to serve a term in a Borstal Institution, it is for a mandatory term of three (3) years. It is for this reason that the trial Magistrate has forwarded the file to this court for revision. 4. Upon perusal of the file and the relevant provisions of the law, I hereby review the sentence in respect of the subject. Instead of the two (2) years prescribed by the trial Court, I review the sentence upwards https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/12977/eng@2024-10-25 1
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to the mandatory three (3) years. The subject is therefore committed to Shikusa Borstal Institution for a term of three (3) years. DATED AND SIGNED AT KAKAMEGA THIS 25TH DAY OF OCTOBER 2024. A. C. BETT JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/12977/eng@2024-10-25 2
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