[2018] KEHC 1499 (KLR)
The court held that the sentence of life imprisonment imposed on the appellant for defilement of a child aged five years was the mandatory minimum sentence prescribed by Section 8(2) of the Sexual Offences Act. The trial court had no discretion to impose a lesser sentence, and there was no evidence that the trial...
Source-derived case information.
- Citation
- [2018] KEHC 1499 (KLR)
- Parties
- Appellant: Anthony Shikanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 154 of 2015
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence After Conviction
- Outcome
- appeal dismissed
- Legal Topics
- Defilement, Sexual Offences Act, Sentencing Principles, Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Shikanga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence After Conviction
Legal Issues
- 1 Whether the sentence of life imprisonment imposed for defilement of a child aged five years was lawful and appropriate under the Sexual Offences Act.
Ratio Decidendi
The court held that the sentence of life imprisonment imposed on the appellant for defilement of a child aged five years was the mandatory minimum sentence prescribed by Section 8(2) of the Sexual Offences Act. The trial court had no discretion to impose a lesser sentence, and there was no evidence that the trial magistrate acted on wrong principles or overlooked material factors. Therefore, the appeal against sentence was without merit and was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO. 154 OF 2015
ANTHONY SHIKANGA........................................APPELLANT
VERSUS
REPUBLIC.............................................................RESPONDENT
(Being an Appeal from Original Conviction and Sentence inMolo Chief Magistrate’s
Criminal Case No. 154 of 2015byHon. A Towett , Ag. S.R.M.on09/06/15).
J U D G M E N T
1. Anthony Shikanga, the Appellant was charged with the offence of defilement contrary to Section 8(1) (2) of the Sexual Offences Act. The Complainant was a child aged five (5) years. After being taken through full trial he was found guilty, convicted and sentenced to life imprisonment.
2. Aggrieved, he appealed against conviction and sentence.
3. However, when the matter came up for hearing of the appeal, he abandoned the appeal against the conviction but mitigated on sentence. In opposing the appeal, learned counsel for the state, Mr. Omutelema pointed out that what was meted out was the minimum prescribed sentence for the offence.
4. The victim of the crime was aged five (5) years old.
5. In the case of Ogolla S/o Owuor (1954) EACA 270it was stated that:
“The court does not alter a sentence unless the trial Judge has acted upon wrong principles or overlooked some material factors.”
6. Section 8 (2) of the Sexual Offence Act provides thus:
“A person who commits an offence of defilement with a child aged eleven years or less shall upon conviction be sentenced to imprisonment for life.”
7. The sentence imposed was the mandatory prescribed sentence for the offence therefore lawful. The Court had no discretion of imposing any other sentence. In the premises the appeal is devoid of merit. According, it is dismissed.
Dated, Signedand Delivered at Nakuruthis 13thday of December, 2018.
JUDGE