[2025] KEHC 7109 (KLR)

[2025] KEHC 7109 (KLR)

The court found that, although the applicant was sentenced to a term below the statutory mandatory minimum for defilement, the prevailing jurisprudence at the time allowed for judicial discretion. However, following the Supreme Court's 2024 decision, courts are now bound to apply mandatory minimum sentences without...

Source-derived case information.

Citation
[2025] KEHC 7109 (KLR)
Parties
Applicant: Wilson Beziling Ojieng; Respondent: Republic
Court
High Court
Court Station
High Court at Vihiga
Jurisdiction
Kenya
Judgment Date
27 May 2025
Case Number
Criminal Miscellaneous Application E046 of 2023
Procedural Posture
Criminal Miscellaneous Application / Ruling on Sentence Review Application
Outcome
Application dismissed except to the extent that the period spent in custody must be credited to the sentence.
Judges
JN Kamau
Legal Topics
Sentencing Review, Sexual Offences, Mandatory Minimum Sentences, Custodial Remand Credit
Source Language
english
Criminal Law Sentencing Review Sexual Offences Mandatory Minimum Sentences Custodial Remand Credit

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Parties

Wilson Beziling Ojieng

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Sentence Review Application

Legal Issues

  1. 1 Whether the applicant's sentence for defilement should be reviewed in light of recent jurisprudence on mandatory minimum sentences.
  2. 2 Whether the period spent in custody prior to sentencing should be credited towards the applicant's sentence under Section 333(2) of the Criminal Procedure Code.

Ratio Decidendi

The court found that, although the applicant was sentenced to a term below the statutory mandatory minimum for defilement, the prevailing jurisprudence at the time allowed for judicial discretion. However, following the Supreme Court's 2024 decision, courts are now bound to apply mandatory minimum sentences without discretion. The court declined to disturb the applicant's sentence, noting it could not reduce it further nor enhance it without proper notice to the applicant. Importantly, the court held that Section 333(2) of the Criminal Procedure Code imposes a mandatory obligation to credit the period spent in custody prior to sentencing, regardless of the legality or leniency of the...

Court Disposition

Application dismissed except to the extent that the period spent in custody must be credited to the sentence.

Orders

  • The period the applicant spent in custody between 22nd July 2022 and 28th March 2023 shall be taken into account when computing his sentence in accordance with Section 333(2) of the Criminal Procedure Code.