[2024] KEHC 15118 (KLR)
The court held that the Supreme Court has clarified that mandatory minimum sentences under the Sexual Offences Act are constitutional and lawful. The argument that the sentence was harsh or disproportionate does not override the statutory mandate, and the Muruatetu I precedent is inapplicable to offences other than...
Source-derived case information.
- Citation
- [2024] KEHC 15118 (KLR)
- Parties
- Applicant: Luke Omollo Okoth; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 38 of 2023
- Procedural Posture
- Criminal Petition / Ruling
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentencing Principles, Mandatory Minimum Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luke Omollo Okoth
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling
Legal Issues
- 1 Whether the mandatory minimum sentence for defilement under the Sexual Offences Act is unconstitutional.
- 2 Whether the applicant is entitled to a reduction of sentence based on remorse and proportionality.
Ratio Decidendi
The court held that the Supreme Court has clarified that mandatory minimum sentences under the Sexual Offences Act are constitutional and lawful. The argument that the sentence was harsh or disproportionate does not override the statutory mandate, and the Muruatetu I precedent is inapplicable to offences other than murder. Consequently, the petition for reduction of sentence lacks merit and is dismissed.
Court Disposition
petition dismissed
Orders
- The petition for reduction of sentence is dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Okoth v Republic (Criminal Petition 38 of 2023) [2024] KEHC 15118 (KLR) (22 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15118 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition 38 of 2023
RE Aburili, J
November 22, 2024
Between
Luke Omollo Okoth
Applicant
and
Republic
Respondent
Ruling
1. The Petitioner Luke Omollo Okoth is a convict vide Siaya PM Cr. 869/2024 (SO) of the offence of defilement contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act.
2. The victim was 16 years old. The convict was sentenced to serve 15 years imprisonment on 30/7/2018 by Hon. J. Ong’ondo, PM.
3. He now petitions for reduction of sentence stating that he is remorseful and the sentence was harsh, unjust, disproportionate for being mandatory.
4. I have considered the Petition on the strength of the Supreme Court decision in Petition E018/2023 Republic vs. Joshua Gichuki Mwangi, where it was held that the mandatory minimum sentences under 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, I find no merit in this Petition which I hereby dismiss. Signal to issue.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 22NDDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE