[2022] KEHC 10307 (KLR)
The court held that, in light of the Supreme Court's decision in Muruatetu and the High Court's directions in Philip Mueke Maingi, it is appropriate to consider the exercise of judicial discretion in sentencing for sexual offences, even where the statute prescribes a mandatory minimum. The court therefore directed...
Source-derived case information.
- Citation
- [2022] KEHC 10307 (KLR)
- Parties
- Applicant: Josephat Mukoye Anakai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 64 of 2019
- Procedural Posture
- Miscellaneous Application / Application for Re Sentencing Following Conviction
- Outcome
- Application for re-sentencing admitted for further consideration; trial record to be called for and matter set for mention.
- Judges
- WM Musyoka
- Legal Topics
- Defilement, Sexual Offences Act, Mandatory Sentencing, Re Sentencing Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephat Mukoye Anakai
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Application for Re Sentencing Following Conviction
Legal Issues
- 1 Whether the applicant is entitled to re-sentencing following the Supreme Court's guidance on mandatory minimum sentences for sexual offences.
- 2 Whether the High Court should exercise discretion in sentencing as per recent jurisprudence.
Ratio Decidendi
The court held that, in light of the Supreme Court's decision in Muruatetu and the High Court's directions in Philip Mueke Maingi, it is appropriate to consider the exercise of judicial discretion in sentencing for sexual offences, even where the statute prescribes a mandatory minimum. The court therefore directed that the trial record be availed to enable a proper re-sentencing hearing, ensuring that the applicant's case is considered in accordance with the current legal position on mandatory sentences.
Court Disposition
Application for re-sentencing admitted for further consideration; trial record to be called for and matter set for mention.
Orders
- Deputy Registrar to call for the trial records in Kakamega PMCCRC No. 58 of 2012.
- Matter to be mentioned on 29th July 2022.
Full Case Text
Judgment text and source record
19 paragraphs
Anakai v Republic (Miscellaneous Application 64 of 2019) [2022] KEHC 10307 (KLR) (24 June 2022) (Judgment)
Neutral citation: [2022] KEHC 10307 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Application 64 of 2019
WM Musyoka, J
June 24, 2022
Between
Josephat Mukoye Anakai
Applicant
and
Republic
Respondent
Judgment
1. The undated application filed on 5th September 2019, principally seeks re-sentencing. The applicant had been convicted of defilement contrary to section 8(1) (4) of the Sexual Offences Act, No. 3 of 2006.
2. The High Court, in Philip Mueke Maingi & others vs. Director of Public Prosecutions & another Machakos HCPet. No. E017 of 2021 (Odunga J), has, on 17th May 2022, gave directions, with respect to mandatory sentences for sexual offences, akin to those given in Francis Karioko Muruatetu & another vs. Republic [2017] eKLR (Maraga CJ & P, Mwilu DCJ &VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ).
3. To enable me exercise discretion in the matter in the manner ordered or directed in Philip Mueke Maingi & others vs. Director of Public Prosecutions & another Machakos HCPet. No. E017 of 2021 (Odunga J), I do hereby direct the Deputy Registrar to call for the trial records in Kakamega PMCCRC No. 58 of 2012.
4. The matter shall be mentioned on 29th July 2022. A production order shall issue. Copies of this ruling to be made available to the applicant and the Office of the Director of Public Prosecutions.
DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24TH DAY OF JUNE 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Josephat Mukoye Anakai, the applicant, in person.