[2024] KEHC 11166 (KLR)
The court held that it has no jurisdiction to interfere with the mandatory minimum sentence imposed under the Sexual Offences Act for the offence of defilement, even in the context of prison decongestion or on account of the applicant's alleged reformation. This position is reinforced by the Supreme Court's recent...
Source-derived case information.
- Citation
- [2024] KEHC 11166 (KLR)
- Parties
- Applicant: Godrick Ochieng Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E203 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Non Custodial Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sentencing Principles, Sexual Offences Act, Mandatory Minimum Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Godrick Ochieng Onyango
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Non Custodial Sentence
Legal Issues
- 1 Whether the court has jurisdiction to grant a non-custodial sentence for a conviction under the Sexual Offences Act where a mandatory minimum sentence is prescribed.
- 2 Whether the applicant's reformation is a sufficient ground to interfere with the statutory sentence.
Ratio Decidendi
The court held that it has no jurisdiction to interfere with the mandatory minimum sentence imposed under the Sexual Offences Act for the offence of defilement, even in the context of prison decongestion or on account of the applicant's alleged reformation. This position is reinforced by the Supreme Court's recent decision in Republic v Mwangi, which affirmed the validity and enforceability of mandatory minimum sentences under the Sexual Offences Act. Consequently, the application for a non-custodial sentence was found to be without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for a non-custodial sentence is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Onyango v Republic (Miscellaneous Criminal Application E203 of 2024) [2024] KEHC 11166 (KLR) (25 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11166 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E203 of 2024
RE Aburili, J
September 25, 2024
Between
Godrick Ochieng Onyango
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Winam Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. 11 of 2020)
Ruling
1. The Applicant is Godrick Ochieng Onyango. He was convicted vide Winam SPM Sexual Offences Case No. 11 of 2020 with the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act and was sentenced to serve ten (10) years imprisonment.
2. He now applies for non-custodial sentence on account that he has reformed.
3. I have considered the application, depositions and the documents annexed. This being a sexual offence where minimum sentences are provided under the law, I find no jurisdiction to interfere with sentence, not even under the prison decongestion program, following the recent Supreme Court’s decision in the case of Republic v Mwangi; Initiative for Strategic Litigation in Africa (ISLA) & 3 others (Amicus Curiae) (Petition E018 of 2023) [2024] KESC 34 (KLR) (12 July 2024) (Judgment) that the sentences under the Sexual Offences Act which are mandatory minimums remain valid.
4. Accordingly, I find the application for non-custodial sentence not merited. The application is hereby dismissed.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE