[2024] KEHC 15117 (KLR)
The High Court lacks jurisdiction to interfere with or reduce a mandatory life sentence imposed under Section 8(2) of the Sexual Offences Act for defilement of a child aged 4 years. The Supreme Court has expressly held that mandatory sentences under the Sexual Offences Act are constitutional and that the Muruatetu...
Source-derived case information.
- Citation
- [2024] KEHC 15117 (KLR)
- Parties
- Applicant: Stephen Oduor Odana; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 40 of 2023
- Procedural Posture
- Criminal Petition / Ruling on Petition for Resentencing
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentencing, Sexual Offences Act, Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Oduor Odana
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Petition for Resentencing
Legal Issues
- 1 Whether the High Court has jurisdiction to set aside or reduce a mandatory life sentence imposed under Section 8(2) of the Sexual Offences Act for defilement of a child aged 4 years.
- 2 Whether the Supreme Court decision in Muruatetu applies to mandatory sentences under the Sexual Offences Act.
Ratio Decidendi
The High Court lacks jurisdiction to interfere with or reduce a mandatory life sentence imposed under Section 8(2) of the Sexual Offences Act for defilement of a child aged 4 years. The Supreme Court has expressly held that mandatory sentences under the Sexual Offences Act are constitutional and that the Muruatetu decision is confined to murder cases. The sentence imposed was lawful and appropriate given the gravity of the offence and the age of the victim. Accordingly, the petition for resentencing is dismissed.
Court Disposition
petition dismissed
Orders
- Petition filed on 7/8/2023 is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Odana v Republic (Criminal Petition 40 of 2023) [2024] KEHC 15117 (KLR) (22 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15117 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition 40 of 2023
RE Aburili, J
November 22, 2024
Between
Stephen Oduor Odana
Applicant
and
Republic
Respondent
Ruling
1. The Petitioner Stephen Oduor Odawa is a convict in Ukwala PM SO 34/2014 where he was sentenced to serve life imprisonment on 18/9/2014 for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.
2. The victim of the offence was aged 4 years old. The convict appealed vide Siaya HCCRA 39/2015 which appeal was dismissed. He never appealed to the Court of Appeal. He now applies for setting aside of life imprisonment.
3. I have considered the petition and submissions filed on 25/10/2023.
4. The convict was sentenced to life imprisonment for defiling a four-year child and on the strength of the Supreme Court decision in R Vs. Joshua Gichuki Mwangi, Supreme Court of Kenya Petition E018 of 2023, I find no discretion to reduce sentence imposed which is lawful and constitutional. The Supreme Court was clear in the above Petition that mandatory sentences in the Sexual Offences Act are lawful and constitutional, and that the Muruatetu I decision on unconstitutionality of mandatory death sentence only applied to murder cases.
5. In this case, the convict deserved the sentence imposed, considering the age of the child defiled – 4 years old.
6. I find no jurisdiction to interfere whit that sentence. Petition filed on 7/8/2023 is hereby dismissed. File closed. Signal to issue.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 22NDDAY OF NOVEMBER, 2024R. E ABURILIJUDGE