[2010] KEHC 1635 (KLR)
The court held that despite the appellant's claims of reformation and personal circumstances, the law under Section 9(2) of the Sexual Offences Act prescribes a mandatory minimum sentence of ten years imprisonment for attempted defilement. The trial magistrate imposed the correct sentence, and the appellate court...
Source-derived case information.
- Citation
- [2010] KEHC 1635 (KLR)
- Parties
- Appellant: Kipkurui Kipkemoi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 167 of 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Sexual Offences, Sentencing, Attempted Defilement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kipkurui Kipkemoi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of ten years imprisonment for attempted defilement was lawful and subject to reduction on appeal.
Ratio Decidendi
The court held that despite the appellant's claims of reformation and personal circumstances, the law under Section 9(2) of the Sexual Offences Act prescribes a mandatory minimum sentence of ten years imprisonment for attempted defilement. The trial magistrate imposed the correct sentence, and the appellate court has no discretion to reduce it below the statutory minimum. Consequently, 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
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Criminal Appeal 167 of 2009
(From original conviction and sentence in Criminal Case No.1891 OF
2007 OF THE Principal Magistrate’s court at Molo – S. M. S. SOITA, P.M.)
KIPKURUI KIPKEMOI…………………………APPELLANT
VERSUS
REPUBLIC……………………………………...RESPONDENT
JUDGMENT
KIPKURUI KIPKEMOI,the appellant, was upon trial for the offence of attempted defilement contrary to Section 9(1)of the Sexual Offences Act and the alternative charge of indecent assault of a girl under the age of 16 years contrary to Section 11(1) of the Sexual Offences Act convicted on the main charge and sentenced to ten years imprisonment.He appealed against both the conviction and sentence.
At the hearing the appellant abandoned the appeal against conviction and pleaded for the reduction of sentence arguing that before he was a wicked man but he has since met God who has transformed his life.He also submitted that he is an orphan who is taking care of his younger brother. I have no reason to doubt that the appellant has indeed reformed.Section 9(2)of the Sexual Offences Act, however, ties my hands.It provides for a minimum sentence of ten years imprisonment for attempted defilement of a child which is the sentence that the trial magistrate imposed upon the appellant.In the circumstances I have no choice but to dismiss this appeal.
DATED and DELIVERED this 16th day of June, 2010.
D. K. MARAGA
JUDGE.