[2018] KEHC 5431 (KLR)
The court found that the applicant failed to provide the necessary proceedings and judgment to enable a determination of his application for revision of sentence. Furthermore, the sentence imposed (fifteen years) was already below the statutory minimum of twenty years prescribed by Section 8(4) of the Sexual...
Source-derived case information.
- Citation
- [2018] KEHC 5431 (KLR)
- Parties
- Applicant: Muserega Samwel Chacha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 76 of 2016
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Legal Topics
- Sentence Revision, Sexual Offences, Minimum Sentencing, Defilement, Judicial Discretion
- 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
Muserega Samwel Chacha
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant has provided sufficient material to warrant revision of his sentence.
- 2 Whether the sentence imposed was lawful in light of the minimum sentence prescribed by the Sexual Offences Act.
Ratio Decidendi
The court found that the applicant failed to provide the necessary proceedings and judgment to enable a determination of his application for revision of sentence. Furthermore, the sentence imposed (fifteen years) was already below the statutory minimum of twenty years prescribed by Section 8(4) of the Sexual Offences Act for defilement of a child aged fifteen years. The applicant did not present any grounds that would warrant revision of the sentence. Consequently, the application was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAMIRA
MISC. CRIMINAL APPLICATION NO. 76 OF 2016
MUSEREGA SAMWEL CHACHA........................................APPLICANT
=VRS=
REPUBLIC.............................................................................RESPONDENT
RULING
The Applicant has by a Notice of Motion filed herein on 31st October 2015 petitioned this Court for revision of his sentence. Although he did not provide the proceedings or judgement he told this Court that he was sentenced to fifteen years imprisonment for defiling a child of fifteen years.
Mr. Ochieng, Learned Prosecution Counsel, intimated that he was unable to respond to the application in the absence of the proceedings of the Lower Court but nevertheless he urged that in view of the Applicant’s age this Court could exercise its discretion in his favour.
I have considered the application and the submissions by both sides carefully. The Applicant did not provide this Court with material (proceedings and judgement) such as would enable it to determine his application. It is not even clear from the application which Court heard his case and was mum on this at the hearing. Be that as it may, he has disclosed that he is serving fifteen years for defiling a child aged fifteen years.
Section 8 (4) of the Sexual Offences Act provides for a minimum sentence of twenty years for such an offence. He was sentenced to fifteen years which is less than the minimum provided. He told this Court he is 26 years old although in my view he looks much older. He has not given this Court any ground to warrant revision of his sentence. The application is dismissed.
It is so ordered.
E. N. MAINA – J
17/07/2018
Delivered in open Court in the presence of the Applicant, Mr. Ochieng for the DPP and Millicent – the Interpreter.
E. N. MAINA – J
17/07/2018