[2022] KEHC 10467 (KLR)
The court held that, in light of the Supreme Court's decision in Muruatetu and the High Court's directions in Philip Mueke Maingi, the mandatory nature of sentences for sexual offences such as defilement is not absolute and may be reviewed. However, since the original trial was conducted in the Vihiga Principal...
Source-derived case information.
- Citation
- [2022] KEHC 10467 (KLR)
- Parties
- Applicant: Isaiah Kiptoo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 84 of 2019
- Procedural Posture
- Criminal Petition / Ruling on Sentence Review and Transfer
- Outcome
- Matter transferred to Vihiga High Court for mention and further orders; production order issued.
- Judges
- WM Musyoka
- Legal Topics
- Defilement Offence, Mandatory Sentencing, Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaiah Kiptoo
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Sentence Review and Transfer
Legal Issues
- 1 Whether the applicant is entitled to a review of the mandatory life sentence for defilement in light of recent jurisprudence on mandatory sentencing.
- 2 Whether the High Court at Kakamega has jurisdiction to review the sentence or if the matter should be transferred to the Vihiga High Court.
Ratio Decidendi
The court held that, in light of the Supreme Court's decision in Muruatetu and the High Court's directions in Philip Mueke Maingi, the mandatory nature of sentences for sexual offences such as defilement is not absolute and may be reviewed. However, since the original trial was conducted in the Vihiga Principal Magistrate’s Court, the High Court at Kakamega directed that the matter be transferred to the Vihiga High Court for further handling, including the calling for trial records and mention of the matter. The court thus exercised its discretion to facilitate the review process in the appropriate forum.
Court Disposition
Matter transferred to Vihiga High Court for mention and further orders; production order issued.
Orders
- Deputy Registrar to call for trial records in Vihiga PMCCRC No. 155 of 2010 and Kakamega HCCRA No. 33 of 2013.
- Matter transferred to the Vihiga High Court for mention on 19th July, 2022.
Full Case Text
Judgment text and source record
19 paragraphs
Kiptoo v Republic (Criminal Petition 84 of 2019) [2022] KEHC 10467 (KLR) (24 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10467 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Petition 84 of 2019
WM Musyoka, J
June 24, 2022
Between
Isaiah Kiptoo
Applicant
and
Republic
Respondent
Ruling
1. The Petition and Motion herein, undated, but filed herein on 22nd November 2019, principally seeks of sentence. The applicant had been convicted in Vihiga PMCCRC No. 155 of 2010, of review offence of defilement, contrary to section 8(1) (2) of the Sexual Offences Act, No. 3 of 2006, and was sentenced to life imprisonment.
2. The High Court, in Philip Mueke Maingi & others vs. Director of Public Prosecutions & another Machakos HCPet. No. E017 of 2021 (Odunga J), has, on 17th May 2022, gave directions, with respect to mandatory sentences for sexual offences, akin to those given in Francis Karioko Muruatetu & another vs. Republic [2017] eKLR (Maraga CJ & P, Mwilu DCJ &VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ).
3. To enable me exercise discretion in the matter in the manner ordered or directed in Philip Mueke Maingi & others vs. Director of Public Prosecutions & another Machakos HCPet. No. E017 of 2021 (Odunga J), I do hereby direct the Deputy Registrar to call for the trial records in Vihiga PMCCRC No. 155 of 2010 and Kakamega HCCRA No. 33 of 2013.
4. The matter arises from a criminal matter tried by the Vihiga Principal Magistrate’s Court, and, therefore, the matter shall be transferred to the Vihiga High Court, to be mentioned there on 19th July, 2022. A production order shall issue out of the Vihiga cause. Copies of this ruling to be made available to the applicant and the Office of the Director of Public Prosecutions Vihiga.
DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24THDAY OF JUNE 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Isaiah Kiptoo, the applicant, in person.