[2024] KEHC 11167 (KLR)
The court held that the sentence of life imprisonment for incest under Section 20(1) of the Sexual Offences Act is lawful and constitutional, as affirmed by the Supreme Court in Republic v Mwangi. There was no illegality, incorrectness, or impropriety in the sentence imposed by the trial court. Consequently, there...
Source-derived case information.
- Citation
- [2024] KEHC 11167 (KLR)
- Parties
- Applicant: JOL; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E138 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Incest Offence, Sexual Offences Act, Mandatory Sentencing, Sentence Revision, Constitutionality of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JOL
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision Application
Legal Issues
- 1 Whether the sentence of life imprisonment for incest under Section 20(1) of the Sexual Offences Act is unconstitutional.
- 2 Whether the court should revise the applicant's sentence in light of recent Supreme Court jurisprudence.
Ratio Decidendi
The court held that the sentence of life imprisonment for incest under Section 20(1) of the Sexual Offences Act is lawful and constitutional, as affirmed by the Supreme Court in Republic v Mwangi. There was no illegality, incorrectness, or impropriety in the sentence imposed by the trial court. Consequently, there was no basis for the High Court to interfere with or revise the sentence. The application for sentence revision was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- File is closed.
Full Case Text
Judgment text and source record
23 paragraphs
L v Republic (Criminal Revision E138 of 2024) [2024] KEHC 11167 (KLR) (25 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11167 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E138 of 2024
RE Aburili, J
September 25, 2024
Between
JOL
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Nyando Senior Principal Magistrate Criminal Sexual Offences Case No. 707 of 2009)
Ruling
1. The Applicant JOL was convicted of the offence of incest contrary to Section 20(1) of the Sexual Offences Act and sentenced to serve life imprisonment vide Nyando SPM Sexual Offence Case No. 707 of 2009. This was on 7th June 2011.
2. In his current application dated 14th May 2024 seeking for sentence revision, he deposes that he appealed vide Kisumu HCCRA No. 93 of 2014 which appeal was dismissed.
3. He claims that life imprisonment is unconstitutional.
4. I have considered the application alongside the Supreme Court decision in the case of Republic v Mwangi; Initiative for Strategic Litigation in Africa (ISLA) & 3 others (Amicus Curiae) (Petition E018 of 2023) [2024] KESC 34 (KLR) (12 July 2024) (Judgment)that the mandatory minimum penalties provided for under the Sexual Offences Act are lawful and not unconstitutional.
5. I find no reason to interfere with lawful sentence provided for under Section 20(1) of the Sexual Offences Act.
6. I decline the orders sought and dismiss the application.
7. File is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 25THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE