[2025] KEHC 9519 (KLR)

[2025] KEHC 9519 (KLR)

The court held that, in light of recent Supreme Court decisions, it lacks jurisdiction to review or interfere with the sentence imposed by the trial court for defilement under Section 333(2) of the Criminal Procedure Code. The Supreme Court has clarified that sentences in defilement cases must strictly follow Section 8 of the Sexual Offences Act, and any deviation by lower courts is improper. Since the applicant had previously filed an appeal (even if not pursued), review is not available. The application was therefore found to be misconceived, incompetent, and an abuse of the court process, and was struck out.

Citation
[2025] KEHC 9519 (KLR)
Parties
Applicant: Paul Maina Ndungu; Respondent: Republic
Court
High Court
Court Station
High Court at Thika
Jurisdiction
Kenya
Judgment Date
3 July 2025
Case Number
Criminal Revision E112 of 2024
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Outcome
application struck out as misconceived, incompetent and an abuse of the court process
Judges
FN Muchemi
Legal Topics
Defilement Sentencing, Review of Sentence, Remand Custody Credit
Source Language
English
Criminal Law Defilement Sentencing Review of Sentence Remand Custody Credit

Case Brief

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Parties

Paul Maina Ndungu

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Review of Sentence

Legal Issues

  1. 1 Whether the period spent in remand custody pending trial should be considered in sentencing under Section 333(2) of the Criminal Procedure Code.
  2. 2 Whether the High Court can review the sentence imposed by the trial court in light of recent Supreme Court decisions on defilement sentences.
  3. 3 Whether the application for review is competent given the applicant's prior appeal.

Ratio Decidendi

The court held that, in light of recent Supreme Court decisions, it lacks jurisdiction to review or interfere with the sentence imposed by the trial court for defilement under Section 333(2) of the Criminal Procedure Code. The Supreme Court has clarified that sentences in defilement cases must strictly follow Section 8 of the Sexual Offences Act, and any deviation by lower courts is improper. Since the applicant had previously filed an appeal (even if not pursued), review is not available. The application was therefore found to be misconceived, incompetent, and an abuse of the court process, and was struck out.

Court Disposition

application struck out as misconceived, incompetent and an abuse of the court process

Orders

  • The application for review of sentence is struck out.
  • No order as to costs.