[2025] KEHC 7686 (KLR)
The court held that the minimum mandatory sentence for defilement under the Sexual Offences Act is constitutional and cannot be reduced by the court. However, Section 333(2) of the Criminal Procedure Code requires that the period an accused person spent in custody prior to conviction and sentencing must be credited...
Source-derived case information.
- Citation
- [2025] KEHC 7686 (KLR)
- Parties
- Applicant: George Makori Nyanchoba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kilgoris
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E021 of 2022
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Sentence Review and Computation Under Section 333(2) Cpc
- Outcome
- application allowed in part
- Judges
- CM Kariuki
- Legal Topics
- Sentencing Principles, Sexual Offences, Minimum Mandatory Sentences, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Makori Nyanchoba
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Sentence Review and Computation Under Section 333(2) Cpc
Legal Issues
- 1 Whether the mandatory minimum sentence under the Sexual Offences Act can be reduced by the court.
- 2 Whether the period spent in custody prior to conviction should be taken into account in computing the applicant's sentence under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court held that the minimum mandatory sentence for defilement under the Sexual Offences Act is constitutional and cannot be reduced by the court. However, Section 333(2) of the Criminal Procedure Code requires that the period an accused person spent in custody prior to conviction and sentencing must be credited towards the sentence. The applicant was in custody from 28/12/2014 to 31/1/2018, and therefore, the 15-year sentence should be computed from 26/12/2014, effectively crediting the applicant for the time already served in custody before sentencing.
Court Disposition
application allowed in part
Orders
- The applicant's 15-year sentence shall be computed from 26/12/2014, taking into account the period spent in custody prior to sentencing.
- The in-charge of the prison is directed to compute the 15-year imprisonment from 26/12/2014.
Full Case Text
Judgment text and source record
21 paragraphs
Nyanchoba v Republic (Criminal Miscellaneous Application E021 of 2022) [2025] KEHC 7686 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7686 (KLR)
Republic of Kenya
In the High Court at Kilgoris
Criminal Miscellaneous Application E021 of 2022
CM Kariuki, J
June 5, 2025
Between
George Makori Nyanchoba
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of defilement contrary to Section 8(1) as read with Section 8(4) of Sexual Offences Act No. 6 of 2006.
2. He denied, was tried and convicted of the same offence and sentenced to a mandatory minimum sentence of 15 years.
3. He now challenges the sentence and also invokes provisions of Section 333(2) Criminal Procedure Code Cap 75 Laws of Kenya for the period sentenced in custody 28/12/2014 to 31/1/2018 about 3 years or so to be taken into account.
4. As to the sentence challenge, the same now is a settled issue that the minimum sentences set by the Sexual Offences Act No. 6 of 2006 are Constitutional and cannot be reduced.
5. This is in accordance with Supreme Court case of Republic Vs. Josiah Gichuki where court held the minimum sentencing by statutes are constitutional and not amendable to be reduced on the qualification of Section 333(2) Criminal Procedure Code Cap 75 Laws of Kenya, same prescribed that period spent in custody prior to conviction and sentence if accused was not on bond to be factored in the sentencing a convictee.
6. In the instant case the Applicant was in custody from 28/12/2014 to 31/1/2018 when the Applicant was sentenced to 15 years. Therefore, the court makes the orders.i.Thus, under the provisions cited (333(2) CPC). The Applicant person, period of 15 years will now be computed with effect from 26/12/2014. Thus, the in-charge of the prison is directed to compute 15 years imprisonment from 26/12/2014. ii.Orders accordingly.
RULING DELIVERED DATED AND SIGNED THIS 5THDAY OF JUNE 2025. ………………………………JUSTICE CHARLES KARIUKIJUDGE