[2014] KEHC 1393 (KLR)
The trial court imposed the statutory minimum sentence of 10 years imprisonment for the offence of rape as required by Section 3(3) of the Sexual Offences Act. There was no evidence that the sentence was unlawful, manifestly harsh or lenient, or imposed in breach of sentencing principles. The appellate court found...
Source-derived case information.
- Citation
- [2014] KEHC 1393 (KLR)
- Parties
- Appellant: Francis Oduori Makana; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 17 of 2013
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence Only
- Outcome
- appeal dismissed
- Legal Topics
- Rape Offence, Sentencing Principles, Sexual Offences Act, Minimum Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Oduori Makana
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence Only
Legal Issues
- 1 Whether the sentence imposed for the offence of rape was unlawful, manifestly harsh or lenient, or in breach of sentencing principles.
Ratio Decidendi
The trial court imposed the statutory minimum sentence of 10 years imprisonment for the offence of rape as required by Section 3(3) of the Sexual Offences Act. There was no evidence that the sentence was unlawful, manifestly harsh or lenient, or imposed in breach of sentencing principles. The appellate court found no basis to interfere with the sentence, as the trial court's hands were tied by the statute, and so were those of the appellate court. Accordingly, the appeal against sentence was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
CRIMINAL APPEAL NO.17 OF 2013
FRANCIS ODUORI MAKANA …………………....................……..APPELLANT
VERSUS
REPUBLIC ……………………………………………..................RESPONDENT
(An Appeal arising out of the sentence of I.T. MAISIBA PM delivered on 8th February 2012 in Busia Criminal case no.17 of 2013)
J U D G M E N T
On his plea of guilty, the Appellant was convicted of the offence of Rape contrary to Section 3 (a) (b) 3 of The Sexual Offences Act No.3 of 2006 and sentenced to 10 years imprisonment. His Appeal is against sentence only.
The particulars of The Offence were that on the 26th September 2012 at [particulars withheld] within Busia County he intentionally caused his penis to penetrate the vagina of S N without her consent within the view of the said S N, a person with mental disabilities.
An Appellate Court can only set aside a sentence in Appeal if it is demonstrated that the sentence is unlawful, manifestly lenient or manifestly harsh, was imposed on consideration of some extraneous factor or on exclusion of some material factor or in breach of the principles of sentencing.
Under Section 3 (3) of The Sexual Offences Act No.3 of 2006, the minimum sentence for the offence of Rape contrary to Section 3(1) is imprisonment for 10 years. This Court is not told and does not see any principle of sentencing that The Trial Court breached. That Court imposed the minimum sentence permitted in law. Its hands were tied and so are mine. I would, as I now do, dismiss the entire Appeal.
F. TUIYOTT
J U D G E
DATED, DELIVERED AND SIGNED AT BUSIA THIS 21ST DAY OF OCTOBER 2014.
IN THE PRESENC EOF:
KADENYI ………………………………………………………COURT CLERK
APPELLANT PRESENT IN PERSON
OWITI…………………………………………………………......FOR STATE