[2022] KECA 1251 (KLR)
The Court of Appeal held that, in light of recent jurisprudence declaring mandatory minimum sentences under the Sexual Offences Act unconstitutional, courts have discretion to review and reduce sentences. The appellant, having abandoned his appeal on conviction, was entitled to have his sentence reconsidered. The...
Source-derived case information.
- Citation
- [2022] KECA 1251 (KLR)
- Parties
- Appellant: Luka Okello; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 149 of 2018
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence After Conviction Under the Sexual Offences Act
- Outcome
- Appeal on sentence allowed; sentence reduced to time served; appellant to be released unless otherwise lawfully held.
- Judges
- PO Kiage, F Tuiyott, JM Ngugi
- Legal Topics
- Sentencing Discretion, Sexual Offences Act, Mandatory Minimum Sentences, Unconstitutionality of Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luka Okello
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence After Conviction Under the Sexual Offences Act
Legal Issues
- 1 Whether the court retains discretion to alter sentences imposed under the Sexual Offences Act despite statutory minimums.
- 2 Whether the appellant's sentence should be reduced in light of recent jurisprudence declaring mandatory minimum sentences unconstitutional.
Ratio Decidendi
The Court of Appeal held that, in light of recent jurisprudence declaring mandatory minimum sentences under the Sexual Offences Act unconstitutional, courts have discretion to review and reduce sentences. The appellant, having abandoned his appeal on conviction, was entitled to have his sentence reconsidered. The court found merit in the submissions and reduced the appellant's sentence to the period already served, ordering his immediate release unless otherwise lawfully held.
Court Disposition
Appeal on sentence allowed; sentence reduced to time served; appellant to be released unless otherwise lawfully held.
Orders
- The appellant's sentence is reduced to the time already served.
- The appellant shall be immediately set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
20 paragraphs
Okello v Republic (Criminal Appeal 149 of 2018) [2022] KECA 1251 (KLR) (10 November 2022) (Judgment)
Neutral citation: [2022] KECA 1251 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Criminal Appeal 149 of 2018
PO Kiage, F Tuiyott & JM Ngugi, JJA
November 10, 2022
Between
Luka Okello
Appellant
and
Republic
Respondent
(Being an Appeal from the Judgment of the High Court of Kenya at Migori, (Mrima, J.) dated 23rd February, 2017 in HCCRA No. 26 of 2016)
Judgment
1. The appellant abandons his appeal on conviction and focuses on the sentence. He asks us to consider recent jurisprudence from the High Court and from this court, in which it has become quite clear that courts retain discretion to deal with sentence in matters under the Sexual Offences Act, notwithstanding the minimum mandatory sentences, which have been questioned and found unconstitutional.
2. Miss Odumba, learned prosecuting counsel does not object to the withdrawal of the appellant’s appeal on conviction, she goes on to state that given the circumstances of this case, the state proposes that the sentence imposed upon the appellant should be reduced from 20 years to eight (8) years.
3. Having considered the submissions made before us, our decision in this matter, is that the appeal on sentence succeeds and the appellant’s sentence is reduced to the time already served.
4. In the result, the appellant shall be immediately set at liberty unless otherwise lawfully held. The full reasons for this judgment shall be rendered on the March 17, 2023. Order accordingly.
DATED AND DELIVERED AT KISII THIS 10TH DAY OF NOVEMBER, 2022P.O. KIAGE...................................JUDGE OF APPEALF. TUIYOTT....................................JUDGE OF APPEALJOEL NGUGI...................................JUDGE OF APPEALI certify that this is a true copy of the original.DEPUTY REGISTRAR