[2020] KEHC 2141 (KLR)

[2020] KEHC 2141 (KLR)

The court found that the offence committed by the petitioner against his own child was grave and despicable, necessitating a serious punishment. Exercising its constitutional mandate, the court determined that a sentence of twenty-one years' imprisonment from the date of conviction was appropriate, reflecting the...

Source-derived case information.

Citation
[2020] KEHC 2141 (KLR)
Parties
Petitioner: Collins Kidue Mwasi; Respondent: Republic
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Case Number
Petition 27 of 2019
Procedural Posture
Criminal Petition / Judgment
Outcome
petition dismissed; petitioner resentenced
Legal Topics
Resentencing, Child Offences, Sentencing Guidelines
Source Language
en
Criminal Law Resentencing Child Offences Sentencing Guidelines

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Parties

Collins Kidue Mwasi

Petitioner

Republic

Respondent

Procedural Posture

Criminal Petition / Judgment

Legal Issues

  1. 1 Whether the court has the mandate to resentence the petitioner under the constitution.
  2. 2 What is the appropriate sentence for the offence committed by the petitioner against his own child.

Ratio Decidendi

The court found that the offence committed by the petitioner against his own child was grave and despicable, necessitating a serious punishment. Exercising its constitutional mandate, the court determined that a sentence of twenty-one years' imprisonment from the date of conviction was appropriate, reflecting the seriousness of the offence and the need for deterrence and retribution.

Court Disposition

petition dismissed; petitioner resentenced

Orders

  • The petitioner is hereby sentenced to serve twenty-one (21) years from the date of conviction.