[2020] KEHC 6992 (KLR)
The court held that, following the decision in Jared Koita Injiri Koita Vs R [2019] eKLR, mandatory minimum sentences under the Sexual Offences Act are no longer mandatory, granting the court discretion to impose a lesser sentence. Considering the appellant's admission of guilt, remorse, and the inability to trace...
Source-derived case information.
- Citation
- [2020] KEHC 6992 (KLR)
- Parties
- Appellant: Fredrick Onyango Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 95 of 2017
- Procedural Posture
- Criminal Appeal / Ruling on Re Sentence
- Outcome
- sentence reduced
- Judges
- RE Aburili
- Legal Topics
- Defilement of a Child, Sentencing Principles, Sexual Offences Act, Mandatory Minimum Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Onyango Omondi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Re Sentence
Legal Issues
- 1 Whether the mandatory minimum sentence of 20 years imprisonment for defilement under Section 8(3) of the Sexual Offences Act is still mandatory in light of recent jurisprudence.
- 2 Whether the appellant's sentence should be reduced in light of his mitigation, remorse, and the current legal position.
Ratio Decidendi
The court held that, following the decision in Jared Koita Injiri Koita Vs R [2019] eKLR, mandatory minimum sentences under the Sexual Offences Act are no longer mandatory, granting the court discretion to impose a lesser sentence. Considering the appellant's admission of guilt, remorse, and the inability to trace the victim for further input, the court found it appropriate to reduce the sentence from 20 years to 10 years imprisonment. The court emphasized the need for deterrence in sexual offences against children but balanced this with the appellant's mitigation and the current legal position on sentencing discretion.
Court Disposition
sentence reduced
Orders
- The appellant's sentence is reduced from 20 years to 10 years imprisonment, to be calculated from 5/10/2017.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL APPEAL NO. 95 OF 2017
(CORAM: R. E. ABURILI - J.)
FREDRICK ONYANGO OMONDI....APPELLANT
VERSUS
REPUBLIC..........................................RESPONDENT
(Being an Appeal against conviction and sentence in a Judgment vide Principal Magistrate’s Court, Siaya vide Criminal Case No. 747 of 2014 dated 21. 9.2017 before Hon. T. M. Olando, Senior Resident Magistrate)
RULING ON RE-SENTENCE
1. On 25/11/2019, the Appellant herein Fredrick Onyango Omondi withdrew his appeal against conviction and in his mitigation urged the court to reduce sentence of 20 years which was meted out on him by the trial court. He was convicted and sentenced for the offence of defilement of a child contrary to Section 8(1) as read with 8(3) of the Sexual Offences Act.
2. He pleaded not guilty and the case proceeded to full trial. The child victim was aged 15 years.
3. The Appellant is now aged 31 years old. He is a barber. He now readily admits committing the offence which carries a minimum prison term of 20 years. He is remorseful.
4. The Probation Officer was unable to trace the victim and her parents as they are said to have moved away from their previous residence.
5. The Appellant is said to be of good character but was found to have committed this offence against a child. Children must be protected from sex pests. Deterrent sentence is necessary even for first offenders as there is no reason why the appellant a married man with children should prey on a child to satiate his sexual appetite.
6. For the reason that mandatory minimum sentences are no longer mandatory following the Jared Koita Injiri Koita Vs R [2019] eKLR decision and the fact that the appellant now admits committing the offence, I exercise discretion and reduce the minimum 20 years imprisonment to 10 years imprisonment to be calculated from 5/10/2017.
7. Orders accordingly.
Dated, signed and delivered at Siaya, this 3rd day of March, 2020.
R.E. ABURILI
JUDGE
In the presence of:
Fredrick Onyango Omondi, Appellant (in person)
Mr. Okachi, SPPC for State
Court Assistants: Ishmael Orwa and Modestar Mutiemani