[2024] KEHC 15083 (KLR)
The court held that the mandatory life sentence for defilement under Section 8(2) of the Sexual Offences Act is constitutional and lawful, as affirmed by the Supreme Court and recent High Court authority. The applicant's claim that the sentence is unconstitutional and discriminatory was rejected. The court further...
Source-derived case information.
- Citation
- [2024] KEHC 15083 (KLR)
- Parties
- Applicant: Paul Ngeso Okumu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E026 of 2023
- Procedural Posture
- Criminal Petition / Ruling on Resentencing Petition
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentencing Principles, Constitutionality of Life Sentence, Sexual Offences Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Ngeso Okumu
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Resentencing Petition
Legal Issues
- 1 Whether the mandatory life sentence for defilement under the Sexual Offences Act is unconstitutional or discriminatory.
- 2 Whether the High Court has jurisdiction to resentence a convict lawfully sentenced under the Sexual Offences Act.
- 3 Whether Section 333(2) of the Criminal Procedure Code requires resentencing in this case.
Ratio Decidendi
The court held that the mandatory life sentence for defilement under Section 8(2) of the Sexual Offences Act is constitutional and lawful, as affirmed by the Supreme Court and recent High Court authority. The applicant's claim that the sentence is unconstitutional and discriminatory was rejected. The court further found that it has no residual jurisdiction or discretion to review or resentence in cases where the sentence imposed is lawful under the Sexual Offences Act. The applicant's assertion regarding the appeal process was found to be untrue, as the appeal had already been heard and dismissed. Consequently, the petition for resentencing was dismissed for lack of merit.
Court Disposition
petition dismissed
Orders
- The petition dated 29/11/2023 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Okumu v Republic (Criminal Petition E026 of 2023) [2024] KEHC 15083 (KLR) (22 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15083 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition E026 of 2023
RE Aburili, J
November 22, 2024
Between
Paul Ngeso Okumu
Applicant
and
Republic
Respondent
Ruling
1. The Petitioner Paul Ngeso Okumu is a convict in Siaya CM SO 349/2014 wherein he was convicted and sentenced to serve life imprisonment 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 defilement was aged 10 years old. The convict appealed vide Siaya HCCRA 27/2015 which appeal was heard on merit and dismissed on 26/5/2016.
3. He now applies vide Petition dated 29/11/2023 for resentencing and also alleges that his appeal to the High Court out of time was never granted which is a big lie.
4. He claims that life sentence is unconstitutional and uncertain and amounts to discrimination. That he has reformed and ready to be integrated int society hence he should be released taking into account Section 333 (2) of the Criminal Procedure Code, on the time spent in custody.
5. I have considered the Petition in live with the Supreme Court decision in Francis Muruatetu V Republic and R VS Joshua Gichuki Mwangi Petition E018/2023, which latter decision was emphatic that the mandatory sentences in Sexual Offences are lawful and constitutional.
6. Accordingly, I find that this Court has no residual jurisdiction and discretion to review sentences imposed in Sexual Offences where such sentences are lawful.
7. I find the Petition herein dated 29/11/2023 not merited. It is hereby dismissed. This file is closed. Signal to issue.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 22ND DAY OF NOVEMBER, 2024R. E. ABURILIJUDGE