The applicant filed a notice of motion dated 9/6/2026 where it was deponed that the 13 applicants who are underage were sentenced to imprisonment term of 3 months, in default of payment of fine for the offence of unlawful obstruction of the operations of the road contrary to Section 58(C) of the Kenya Road Act No. 2 of 2007.
The particulars were that on 18/5/2026 at around 1330 hours at Kiandutu junction along Thika – Garissa road in Thika, West Sub- County, jointly with others not before court, willfully obstructed the operations of the said road by lighting bonfires, erecting barricades and blocking the free flow of traffic without lawful authority.
The trial court pronounced it sentence as follows in :-
Thika Criminal case No. E1080/2026;
“fined 15,000/- in default serve 3 months imprisonment. Right of appeal 14 days.
That criminal case file, included the following subjects, who it has now emerged are underage.
1. Josphat Mwaura the age assessment report dated 28/5/2026 estimates his age to be below 18 years.
2. Festus Kimani the birth certificate S/No. 4030718 entry No. 0363607078 was born on 3/3/2010.
3. Joseph Kitheka the age assessment report dated 28/5/2026 age estimated to be below 17 years.
4. Sasha Beatrice the age assessment report indicates she is 17 years old.
5. Peter Njuguna the age assessment report dated 28/5/2026 indicates age is below 18 years.
6. Samuel Muchiri the age assessment report dated 28/5/2026 – age below 17 years.
7. Edwin Ng’ang’a the birth certificate Serial No. 2583000 entry No. 036191244 age 17 years.
8. Clinton Ndungu Karanja birth certificate Serial Number 2084817 entry No. 0360400897 16 years.
9. Brian Muli age assessment report dated 28/5/2026 indicates age as below 18 years of age.
Further, in criminal case No. 1080/2026
1. Catherine Wangui whose age assessment indicates she is above 18 years.
2. Alex Ngozi age assessment report indicates is above 19 years old.
In criminal case No. 1089/2026
1. Elias Maina age assessment report indicates he is below 18 years.
2. Stallon Mwangi is indicated to be above 19 years.
Having confirmed that the trial court imposed an illegal and unlawful sentence by sentencing the minors to imprisonment terms in default of payment of the fine which is against the express provisions of the Section 238(1) of the Children Act, which provides that:-
“No court shall order the imprisonment of a child”,
This court in exercise of powers conferred under Section 364 of the Criminal Procedure Code sets aside the sentence imposed on the following minors and orders their immediate release from custody:-
In Thika Chief Magistrates court criminal case no E1080/2026
1. Josphat Mwaura
2. Festus Kimani
3. Joseph Kitheka
4. Sasha Beatrice
5. Peter Njuguna
6. Samuel Muchiri
7. Edwin Ng’ang’a
8. Clinton Ndungu Karanja
9. Brian Muli
In criminal case No. 1089/2026
10. Elias Maina
As of the rest of the Applicants, in Thika Criminal Case No. E1080 of 2026
1. Catherine Wangui and
2. Alex Ngozi; they are adults as per age assessment report and in E1089/2026; Stallon Mwangi an applicant; is also an adult.
I have considered that they have been in custody since 18/5/2026 when they were convicted and sentenced, a period of almost one month.
It is not indicated that they had any previous criminal records.
The court considers that the period served in custody is now sufficient punishment for that offence and revises their sentences to the period served.
These shall be the orders of the court.
Dated, signed and delivered virtually at Thika this 16 th day of June, 2026.
...............................................
L. N. MUGAMBI
JUDGE
HCCR REV E031/2026 2 | Page
The particulars were that on 18/5/2026 at around 1330 hours at Kiandutu junction along Thika – Garissa road in Thika, West Sub- County, jointly with others not before court, willfully obstructed the operations of the said road by lighting bonfires, erecting barricades and blocking the free flow of traffic without lawful authority.
The trial court pronounced it sentence as follows in :-
Thika Criminal case No. E1080/2026;
“fined 15,000/- in default serve 3 months imprisonment. Right of appeal 14 days.
That criminal case file, included the following subjects, who it has now emerged are underage.
1. Josphat Mwaura the age assessment report dated 28/5/2026 estimates his age to be below 18 years.
2. Festus Kimani the birth certificate S/No. 4030718 entry No. 0363607078 was born on 3/3/2010.
3. Joseph Kitheka the age assessment report dated 28/5/2026 age estimated to be below 17 years.
4. Sasha Beatrice the age assessment report indicates she is 17 years old.
5. Peter Njuguna the age assessment report dated 28/5/2026 indicates age is below 18 years.
6. Samuel Muchiri the age assessment report dated 28/5/2026 – age below 17 years.
7. Edwin Ng’ang’a the birth certificate Serial No. 2583000 entry No. 036191244 age 17 years.
8. Clinton Ndungu Karanja birth certificate Serial Number 2084817 entry No. 0360400897 16 years.
9. Brian Muli age assessment report dated 28/5/2026 indicates age as below 18 years of age.
Further, in criminal case No. 1080/2026
1. Catherine Wangui whose age assessment indicates she is above 18 years.
2. Alex Ngozi age assessment report indicates is above 19 years old.
In criminal case No. 1089/2026
1. Elias Maina age assessment report indicates he is below 18 years.
2. Stallon Mwangi is indicated to be above 19 years.
Having confirmed that the trial court imposed an illegal and unlawful sentence by sentencing the minors to imprisonment terms in default of payment of the fine which is against the express provisions of the Section 238(1) of the Children Act, which provides that:-
“No court shall order the imprisonment of a child”,
This court in exercise of powers conferred under Section 364 of the Criminal Procedure Code sets aside the sentence imposed on the following minors and orders their immediate release from custody:-
In Thika Chief Magistrates court criminal case no E1080/2026
1. Josphat Mwaura
2. Festus Kimani
3. Joseph Kitheka
4. Sasha Beatrice
5. Peter Njuguna
6. Samuel Muchiri
7. Edwin Ng’ang’a
8. Clinton Ndungu Karanja
9. Brian Muli
In criminal case No. 1089/2026
10. Elias Maina
As of the rest of the Applicants, in Thika Criminal Case No. E1080 of 2026
1. Catherine Wangui and
2. Alex Ngozi; they are adults as per age assessment report and in E1089/2026; Stallon Mwangi an applicant; is also an adult.
I have considered that they have been in custody since 18/5/2026 when they were convicted and sentenced, a period of almost one month.
It is not indicated that they had any previous criminal records.
The court considers that the period served in custody is now sufficient punishment for that offence and revises their sentences to the period served.
These shall be the orders of the court.
Dated, signed and delivered virtually at Thika this 16 th day of June, 2026.
...............................................
L. N. MUGAMBI
JUDGE
HCCR REV E031/2026 2 | Page