[2025] KEHC 9105 (KLR)

[2025] KEHC 9105 (KLR)

The High Court held that it lacked jurisdiction to review the petitioner’s sentence after both the High Court and Court of Appeal had dismissed his appeals. The court found that Section 8(2) of the Sexual Offences Act prescribes a mandatory life sentence for defilement of a child aged eleven years or less, and the Supreme Court has clarified that courts have no discretion to reduce such sentences. The petitioner’s arguments regarding the unconstitutionality of mandatory sentences and his personal circumstances could not override the binding statutory and judicial authority. Consequently, the application for sentence review was dismissed for want of merit and lack of jurisdiction.

Citation
[2025] KEHC 9105 (KLR)
Parties
Appellant: Gilbert Chemei; Respondent: Republic
Court
High Court
Court Station
High Court at Vihiga
Jurisdiction
Kenya
Judgment Date
25 June 2025
Case Number
Criminal Petition E005 of 2023
Procedural Posture
Criminal Petition / Sentence Review After Conviction and Dismissal of Appeals
Outcome
Application dismissed.
Judges
JN Kamau
Legal Topics
Defilement, Mandatory Sentencing, Sentence Review, Jurisdiction of High Court
Source Language
English
Criminal Law Defilement Mandatory Sentencing Sentence Review Jurisdiction of High Court

Case Brief

Summary, issues, holding and outcome

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Parties

Gilbert Chemei

Appellant

Republic

Respondent

Procedural Posture

Criminal Petition / Sentence Review After Conviction and Dismissal of Appeals

Legal Issues

  1. 1 Whether the High Court has jurisdiction to review a sentence after dismissal of appeals by both the High Court and Court of Appeal.
  2. 2 Whether the mandatory life sentence for defilement under Section 8(2) of the Sexual Offences Act violates constitutional rights, including the right to equality and freedom from discrimination.
  3. 3 Whether the circumstances of the petitioner (age, health, rehabilitation) warrant a reduction of sentence.

Ratio Decidendi

The High Court held that it lacked jurisdiction to review the petitioner’s sentence after both the High Court and Court of Appeal had dismissed his appeals. The court found that Section 8(2) of the Sexual Offences Act prescribes a mandatory life sentence for defilement of a child aged eleven years or less, and the Supreme Court has clarified that courts have no discretion to reduce such sentences. The petitioner’s arguments regarding the unconstitutionality of mandatory sentences and his personal circumstances could not override the binding statutory and judicial authority. Consequently, the application for sentence review was dismissed for want of merit and lack of jurisdiction.

Court Disposition

Application dismissed.

Orders

  • The petitioner’s Notice of Motion application dated 19th May 2023 and filed on 9th June 2023 is dismissed.