[2017] KEHC 5317 (KLR)
The court found that the trial magistrate did not act on wrong principles in sentencing the appellant to 10 years imprisonment, as this is the minimum sentence prescribed by Section 11(1) of the Sexual Offences Act for the offence of committing an indecent act with a child. The appeal against sentence was therefore...
Source-derived case information.
- Citation
- [2017] KEHC 5317 (KLR)
- Parties
- Appellant: Andi Lesakul; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 175 of 2015
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; sentence confirmed
- Judges
- MM Kasango
- Legal Topics
- Sexual Offences, Sentencing Principles, Indecent Act With Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andi Lesakul
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 10 years imprisonment imposed for committing an indecent act with a child was lawful and appropriate under Section 11(1) of the Sexual Offences Act.
Ratio Decidendi
The court found that the trial magistrate did not act on wrong principles in sentencing the appellant to 10 years imprisonment, as this is the minimum sentence prescribed by Section 11(1) of the Sexual Offences Act for the offence of committing an indecent act with a child. The appeal against sentence was therefore without merit and was dismissed, with the original sentence confirmed.
Court Disposition
appeal dismissed; sentence confirmed
Orders
- The appeal against sentence is dismissed.
- The sentence of 10 years imprisonment imposed by the trial court is confirmed.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL APPEAL NO. 175 OF 2015
ANDI LESAKUL………………….…....................APPELLANT
Versus
REPUBLIC …………………………………….RESPONDENT
(Being an appeal from the original conviction and sentence in Nanyuki Chief Magistrate’s Court Criminal Case No. 124 of 2015by Hon. T. Matheka Chief Magistrate on 11th September 2015 ).
JUDGMENT
1. ANDI LESAKULwas convicted before the Chief Magistrate’s Court Nanyuki with the offence of committing indecent Act with a child Contrary to Section 11 (1) of the Sexual Offences Act.
He was sentenced to serve 10 years imprisonment. He now appeal only against that sentence.
2. The appeal was opposed by the Principal Prosecution Counsel Mr Tanui on the basis that the trial court sentenced the appellant to the minimum sentence permitted for the offence.
3. The appellant requested that this court be merciful and order his release from custody.
4. As stated before appellant was convicted of the offence of committing indecent act with a child. The child in question was 10 years old. Section 11 (1) of the Sexual Offences Act is in the following terms:
“Any person who commits an indecent act with a child is guilty of the offence of committing an indecent act with a child and is liable upon conviction to imprisonment for a term of not less than ten years.
5. It is clear that the Learned trial Magistrate did not act on wrong principles when she sentenced appellant to 10 years imprisonment. It follows that the appellant’s appeal against sentence has no merit and is dismissed. The trial court’s sentence is confirmed.
Dated and Delivered at Nanyuki this 24th day of May 2017.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant – Njue/Maria Stella
Appellant: Andi Lesakul …
For the State: ….....
COURT
Judgment delivered in open court.
MARY KASANGO
JUDGE