In a recent legal development, a young convict has been released from custody after a court determined that his age did not warrant imprisonment.
Sammy, who faced charges under the Forest Produce Conservation and Management Act, 2006, found relief after the Kilifi Magistrates Court sentenced him to pay a fine of Sh50,000 or face three months’ imprisonment.
Struggling to meet the fine, Sammy began serving his custodial sentence. However, just six days post-sentencing, the Malindi High Court received an application for a revision from the Kilifi Law Court Chief Magistrate, JM Nangea, citing Sammy’s age.
Upon review, it was established that Sammy, according to his birth certificate, was 17 years old. Justice Thande Mugure, referencing legal provisions safeguarding children’s rights, highlighted Article 53(1)(f), emphasising that children should only be detained as a last resort and for the shortest appropriate period.
Moreover, the Children Act unequivocally prohibits the imprisonment of minors. Justice Thande, acknowledging the necessity of addressing juvenile delinquency, stressed the importance of treating children as such and not as adults.
Referencing Section 239 of the Children Act, which outlines alternative measures for dealing with minors, Justice Thande granted the application for revision and overturned Sammy’s sentence.
“Pursuant to the provisions of Section 239(1)(a) of the Children Act, I discharge the applicant absolutely under Section 35(1) of the Penal Code,” the court ruled on February 9.
This ruling serves as a reminder of the legal framework in place to protect the rights of minors within the justice system and highlights the importance of considering age-appropriate measures in judicial proceedings.
