[2021] KEHC 3875 (KLR)
The court found that the applicant failed to demonstrate any violation of constitutional rights by the imposition of a lawful sentence under Section 8(2) of the Sexual Offences Act. The Supreme Court's decision in Francis Muruatetu was held not to apply to sexual offences, and the life sentence imposed was deemed...
Source-derived case information.
- Citation
- [2021] KEHC 3875 (KLR)
- Parties
- Applicant: Joseph Owino Odera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E003 of 2021
- Procedural Posture
- Constitutional Petition / Ruling on Constitutional Challenge to Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Sexual Offences, Constitutionality of Statutes, Right to Fair Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph Owino Odera
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Constitutional Challenge to Sentence
Legal Issues
- 1 Whether the mandatory life sentence for defilement under Section 8(2) of the Sexual Offences Act is unconstitutional.
- 2 Whether the applicant's constitutional rights were violated by the imposition of the sentence.
Ratio Decidendi
The court found that the applicant failed to demonstrate any violation of constitutional rights by the imposition of a lawful sentence under Section 8(2) of the Sexual Offences Act. The Supreme Court's decision in Francis Muruatetu was held not to apply to sexual offences, and the life sentence imposed was deemed constitutional. The application was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application is hereby dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CONSTITUTIONAL PETITION NO. E003 OF 2021
CORAM: HON. R.E. ABURILI, J
JOSEPH OWINO ODERA.....................APPLICANT
VERSUS
REPUBLIC.............................................RESPONDENT
(Application arising from Kisumu High Court Criminal Appeal No. 116/2012 AND
Originating from Bondo Principal Magistrate’s Court in Cr. Case No. 561 of 2011)
RULING
1. The applicant was convicted of the offence of defilement contrary to Section 8(1) as red with subsection (2) of the Sexual Offences Act. He was sentenced to serve life imprisonment vide Cr. No. 561/2011 at Bondo PM’s court. He claims that he appealed vide Kisumu HCRA 116/2012 which was dismissed and his appeal to the Court of Appeal vide CRA 58/2013 was dismissed too. He is now before this court claiming that the sentence was unconstitutional, citing the Francis Muruatetu decision.
2. I have considered the application by the convict and the recent directions given by the Supreme Court on the Francis Muruatetu decision.
3. I am satisfied that the life imprisonment imposed on the convict is lawful and not unconstitutional.
4. The application has not demonstrated what constitutional rights were violated by the imposition of lawful sentence under Section 8(2) of the Sexual Offences Act or that he was denied the right to mitigate.
5. Accordingly, the application is hereby dismissed.
6. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 21ST DAY OF SEPTEMBER 2021
R.E. ABURILI
JUDGE