[2013] KEHC 1724 (KLR)
The court held that Section 11(1) of the Sexual Offences Act prescribes a minimum sentence of 10 years imprisonment for the offence of indecent act with a child. The appellant's personal circumstances, including claims of reformation, family responsibilities, and hardship, do not provide a legal basis for reducing...
Source-derived case information.
- Citation
- [2013] KEHC 1724 (KLR)
- Parties
- Applicant: Franklin Kimathi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 82 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- F Gikonyo
- Legal Topics
- Sentencing Principles, Sexual Offences, Minimum Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Franklin Kimathi
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 10 years imprisonment for indecent act with a child can be reduced below the statutory minimum.
- 2 Whether the appellant's personal circumstances justify a reduction of sentence.
Ratio Decidendi
The court held that Section 11(1) of the Sexual Offences Act prescribes a minimum sentence of 10 years imprisonment for the offence of indecent act with a child. The appellant's personal circumstances, including claims of reformation, family responsibilities, and hardship, do not provide a legal basis for reducing the sentence below the statutory minimum. The court is bound by the clear wording of the statute and lacks jurisdiction to reduce the sentence further on appeal. The only possible avenues for further reduction are remission or presidential power of mercy, which are outside the court's appellate jurisdiction.
Court Disposition
appeal dismissed
Orders
- The request for reduction of sentence is declined.
- The sentence imposed by the Trial Court is upheld.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
INT HE HIGH COURT OF KENYA AT MERU
CRIMINAL APPEAL NO. 82 OF 2011
FRANKLIN KIMATHI................................................APPLICANT
VS
REPUBLIC...........................................................RESPONDENT
JUDGMENT
INTRODUCTION
The Appeal: On sentence
[1] The Appellant has appealed against the sentence imposed on him of 10 years imprisonment for the offence of Indecent Act with a Child Contrary to Section 11(1) of the Sexual Offences Act. The grounds on which he is seeking for reduction of sentence are;
(a) That he is a pauper;
(b) That was his first offence;
(c) That he has attained trainings which will assist him lead a good life as a citizen;
(d) That he is reformed now;
(e) That he has children to take care;
(f) That his wife died while he was in prison; and
(g) For those reasons he is praying for mercy.
[2] The respondent opposed reduction of sentence and submitted that the sentence imposed was the minimum sentence provide in law.
[3] The law under which he was convicted provides as follows:
11(1) Any person who commits an indecent act with a child is guilty of the offence of committing an indecent act with a child and is liable upon convictions to imprisonment for a term of not less than ten years.
[4] The Section provides for the minimum penalty to be 10 years imprisonment. There are good policy and societal considerations for the provision of a minimum sentence. I appreciate the Appellant proclaimed that he has reformed and is willing to complete the process and become a law abiding as well as a productive citizen. But the legal prescriptions applicable in this case and in a process of appeal, may not allow me to reduce the sentence below the minimum penalty prescribed in law. In any case, he has served only 2 years and 7 months out of the original sentence. Nonetheless, I should mention that there are other avenues found in Remissions and Presidential Power of Mercy which may be invoked by the appropriate authorities upon satisfaction of all prerequisite conditions and adherence to the procedure applicable thereto.
[5] In the premise, I am constrained to decline the request for reduction of sentence. I uphold the sentence imposed by the Trial Court.
Dated, signed and delivered in open court this 22nd day of October, 2013
F. GIKONYO
JUDGE