[2012] KEHC 308 (KLR)
The court found that the offence of defilement of a child under the age of 11 years attracts a mandatory sentence of life imprisonment under Section 8(2) of the Sexual Offences Act. The appellant's plea for leniency, remorse, and status as a first offender could not be considered as mitigating factors to reduce the...
Source-derived case information.
- Citation
- [2012] KEHC 308 (KLR)
- Parties
- Appellant: Daniel Nkuju Leiyan alias Oltuwaa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 285 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; conviction and sentence upheld
- Legal Topics
- Defilement, Sexual Offences Act, Sentencing, Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Nkuju Leiyan alias Oltuwaa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of life imprisonment for defilement of a girl under 11 years is mandatory under Section 8(2) of the Sexual Offences Act.
- 2 Whether the appellant's remorse and status as a first offender warrant a non-custodial sentence.
Ratio Decidendi
The court found that the offence of defilement of a child under the age of 11 years attracts a mandatory sentence of life imprisonment under Section 8(2) of the Sexual Offences Act. The appellant's plea for leniency, remorse, and status as a first offender could not be considered as mitigating factors to reduce the sentence, as the law does not provide for judicial discretion in sentencing for this offence. The court held that the appellant's actions were intentional, premeditated, and inexcusable, and that the sentence imposed by the trial court was lawful and must be upheld. Consequently, the appeal was dismissed and the sentence of life imprisonment confirmed.
Court Disposition
appeal dismissed; conviction and sentence upheld
Orders
- The appeal is dismissed.
- The sentence of life imprisonment is confirmed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
High Court at Nakuru
Criminal Appeal 285 of 2011
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DANIEL NKUJU LEIYAN……..……………………APPELLANT
VERSUS
REPUBLIC………………………………………….RESPONDENT
(From original conviction and sentence in Criminal Case No.949 of 2012 of the Chief Magistrate’s Court at Narok – S. B. ATAMBO, SRM)
JUDGMENT
Daniel Nkuju Leiyan alias Oltuwaa, the appellant, was on 17/11/2011, convicted for the offence of defilement of a girl under the age of 11 years contrary to Section 8(1) and (2) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve life imprisonment. Aggrieved by the conviction and sentence, he preferred this appeal. At the hearing of the appeal, the appellant presented to the court another petition in which he substituted the earlier grounds of appeal. In the supplementary petition, he only seeks leniency for reasons that he is remorseful, a first offender, he has learnt his lesson and will never repeat such offence again; he beseeches the court to exercise its discretion and give him a non-custodial sentence so that he can reconstruct his life.
Ms Idagwa the learned State counsel opposed the appeal for reason that the complainant was 6 years old and the sentence meted out on the appellant is the only one available in law.
In the instant case, the complainant was a child aged 10 years. The appellant was employed by the complainant’s parents as a herds-boy. The appellant asked the complainant to look after the goats as he went to fetch some salt for the goats. On returning with the salt, the appellant got hold of the complainant in a thicket and defiled her. What he did was something he had premeditated, he tricked the complainant into going to look after the goats so that he could get the opportunity to abuse her. His actions were intentional and inexcusable. Section 8(2) of the Sexual Offences Act provides for a mandatory sentence of life imprisonment. I hereby dismiss the appeal and confirm the sentence. It is so ordered.
DATED and DELIVERED this 20th day of December, 2012.
R.P.V. WENDOH
JUDGE
PRESENT:
The appellant – in person
Mr. Marete for the State
Kennedy – Court Clerk