[2020] KEHC 8231 (KLR)

[2020] KEHC 8231 (KLR)

The court found that, following the Supreme Court's decision in Muruatetu, mandatory sentences are unconstitutional and courts retain discretion in sentencing. Considering the petitioner's rehabilitation, remorse, and the fact that he was a first offender, but also weighing the serious psychological impact on the 14-year-old complainant, the court determined that a sentence of 10 years' imprisonment from the date of conviction was appropriate. The court applied the Sentencing Policy Guidelines and relevant case law to ensure fairness and proportionality in resentencing.

Citation
[2020] KEHC 8231 (KLR)
Parties
Applicant: David Ochami Odinga; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
20 February 2020
Case Number
Petition 71 of 2019
Procedural Posture
Constitutional Petition / Resentencing After Conviction and Unsuccessful Appeal
Outcome
Petition for resentencing allowed. Sentence reduced to 10 years' imprisonment from date of conviction.
Judges
TW Cherere
Legal Topics
Defilement Offence, Sentencing Discretion, Mandatory Sentences, Sexual Offences Act, Resentencing, Rehabilitation
Source Language
English
Criminal Law Defilement Offence Sentencing Discretion Mandatory Sentences Sexual Offences Act Resentencing Rehabilitation

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Parties

David Ochami Odinga

Applicant

Republic

Respondent

Procedural Posture

Constitutional Petition / Resentencing After Conviction and Unsuccessful Appeal

Legal Issues

  1. 1 Whether the petitioner is entitled to resentencing following the Supreme Court decision declaring mandatory sentences unconstitutional.
  2. 2 What is the appropriate sentence for the petitioner considering the circumstances of the offence and his rehabilitation.

Ratio Decidendi

The court found that, following the Supreme Court's decision in Muruatetu, mandatory sentences are unconstitutional and courts retain discretion in sentencing. Considering the petitioner's rehabilitation, remorse, and the fact that he was a first offender, but also weighing the serious psychological impact on the 14-year-old complainant, the court determined that a sentence of 10 years' imprisonment from the date of conviction was appropriate. The court applied the Sentencing Policy Guidelines and relevant case law to ensure fairness and proportionality in resentencing.

Court Disposition

Petition for resentencing allowed. Sentence reduced to 10 years' imprisonment from date of conviction.

Orders

  • The petitioner is resentenced to 10 years' imprisonment from 6th September, 2015.
  • The period already served shall be taken into account.