[2024] KEHC 15102 (KLR)
The court held that the life sentence imposed on the applicant for incest under Section 20(1) of the Sexual Offences Act was lawful and constitutional. The Supreme Court has clarified that the principles in the Muruatetu case, which allow for judicial discretion in sentencing, apply only to murder cases and not to...
Source-derived case information.
- Citation
- [2024] KEHC 15102 (KLR)
- Parties
- Applicant: EOO; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E011 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Mandatory Sentences, Sexual Offences, Constitutionality of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EOO
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the mandatory life sentence imposed under Section 20(1) of the Sexual Offences Act is unconstitutional or unlawful.
- 2 Whether the court has jurisdiction or discretion to revise the life sentence imposed on the applicant for incest.
Ratio Decidendi
The court held that the life sentence imposed on the applicant for incest under Section 20(1) of the Sexual Offences Act was lawful and constitutional. The Supreme Court has clarified that the principles in the Muruatetu case, which allow for judicial discretion in sentencing, apply only to murder cases and not to sexual offences or other offences with mandatory or minimum sentences. As there was no irregularity or illegality in the sentence, and the applicant's appeal had already been dismissed, the court found no merit or jurisdiction to revise the sentence. The application for sentence revision was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence revision dated 23/5/2023 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
EOO v Republic (Criminal Revision E011 of 2023) [2024] KEHC 15102 (KLR) (25 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15102 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E011 of 2023
RE Aburili, J
November 25, 2024
Between
EOO
Applicant
and
Republic
Respondent
Ruling
1. The Applicant/Convict is EOO. He was sentenced to serve life imprisonment vide Siaya PM SO Case No. 45/2013 on 19/1/2015. The victim of the offence of Incest charge under Section 20 (1) of the Sexual Offences Case was the convict’s niece aged 9 years.
2. The convict appealed vide Siaya HCRA 34/2015 which appeal was heard and determined vide judgment rendered on 28/9/2017 upholding the conviction and affirming the sentence imposed.
3. The convict who is serving life imprisonment term at Naivasha GK Maximum prison now applies for revision of sentence on account that the sentence infringes on his fundamental rights and that he has a degree certificate, trained as a paralegal and attended spiritual courses. That he is reformed and rehabilitated ready for reintegration in the society.
4. I have considered the application for sentence revision dated 23/5/2023, the grounds and supporting affidavit.
5. The sentence imposed was lawful under Section 20 (1) of the Sexual Offences Act.
6. As to the constitutionality or otherwise of the mandatory sentences in Sexual offences, the Supreme Court in Petition E018/2023 Republic Vs. Joshua Gichuki Mwangi [2024] eKLR has clarified that the sentences are lawful and constitutional and that the principles laid down in the Francis Muruatetu I case only apply to murder cases not to all other cases where mandatory or minimum sentences prescribed and imposed.
7. Accordingly, as there was no irregularity or illegality in the life imprisonment imposed on the convict herein, whose appeal was dismissed by this court, I find no merit and residual jurisdiction and or discretion to review the life sentence imposed on the convict for the offence of incest with his 9-year-old niece.
8. The application for sentence revision dated 23/5/2023 is dismissed. Signal to issue. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE