[2023] KEHC 19728 (KLR)
The court found that the sentence of 15 years imprisonment imposed by the trial court exceeded the statutory minimum of 10 years as provided under section 20(2) of the Sexual Offences Act. Considering the appellant's guilty plea, remorse, and the forgiveness extended by his family, the court exercised its discretion...
Source-derived case information.
- Citation
- [2023] KEHC 19728 (KLR)
- Parties
- Appellant: JL; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E027 of 2022
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied
- Judges
- RB Ngetich
- Legal Topics
- Sentencing Principles, Sexual Offences, Incest, Minimum Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JL
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 15 years imprisonment for the offence of incest was excessive in light of the statutory minimum sentence.
- 2 Whether the appellant's plea for reduction of sentence should be granted.
Ratio Decidendi
The court found that the sentence of 15 years imprisonment imposed by the trial court exceeded the statutory minimum of 10 years as provided under section 20(2) of the Sexual Offences Act. Considering the appellant's guilty plea, remorse, and the forgiveness extended by his family, the court exercised its discretion to reduce the sentence to the statutory minimum. The court emphasized that sentencing must align with the law and that mitigating factors, such as a guilty plea and demonstrated remorse, may justify a reduction to the minimum prescribed sentence.
Court Disposition
sentence varied
Orders
- The sentence of 15 years imprisonment imposed by the trial court is set aside.
- The appellant is sentenced to 10 years imprisonment.
Full Case Text
Judgment text and source record
19 paragraphs
JL v Republic (Criminal Appeal E027 of 2022) [2023] KEHC 19728 (KLR) (6 July 2023) (Judgment)
Neutral citation: [2023] KEHC 19728 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Criminal Appeal E027 of 2022
RB Ngetich, J
July 6, 2023
Between
JL
Appellant
and
Republic
Respondent
Judgment
1. The appellant JL was charged with the offence of incest contrary to section 20 (1) of the Sexual Offences Act No 3 of 2016. Particulars are that on April 15, 2020 at about 2300 Hrs in Mogotio Sub-County within Baringo County, willfully and unlawfully caused his penis to penetrate the vagina of MAL
2. The appellant pleaded guilty to the charge. He was found guilty, convicted and sentence to 15 years imprisonment. The appellant abandoned appeal on conviction and prayed that the sentence imposed be reduced.
3. I take note of the fact that section 20 (2) of the Sexual Offence Act provides for a minimum sentence of 10 years. In his application, the appellant seeks forgiveness and regrets committing the offence. He indicated that his family and relatives have forgiven him and have been visiting him in prison.
4. In view of the above, I hereby set aside the sentence of 15 years imprisonment imposed by the trial court and sentence accused to 10 years imprisonment.
JUDGMENT delivered, dated and signed Virtually atKabarnetThis 6th Day ofJuly 2023. …………………………………RACHEL NGETICHJUDGEIn the presence of:Mr. Kemboi - Court Assistant.Ms. Ratemo for state.Appellant present.