[2025] KEHC 9854 (KLR)

[2025] KEHC 9854 (KLR)

The court held that the applicant's request for sentence review was merited in light of the Supreme Court's decision in Muruatetu, which rendered mandatory minimum sentences unconstitutional. The court acknowledged that Article 50(2)(p) of the Constitution entitles the applicant to benefit from the least severe punishment prescribed by law. However, after considering the seriousness of the offence, the legislative intent behind the minimum sentence for defilement, and the absence of compelling or exceptional circumstances, the court found no justification to reduce the 20-year custodial sentence. The only adjustment permitted was to ensure the applicant receives credit for any period...

Citation
[2025] KEHC 9854 (KLR)
Parties
Applicant: Benard Ochieng Onyango; Respondent: Republic
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
9 July 2025
Case Number
Criminal Miscellaneous Application E015 of 2021
Procedural Posture
Criminal Miscellaneous Application / Sentence Review Ruling
Outcome
Application for sentence review dismissed; original sentence affirmed with credit for remand period.
Judges
RN Nyakundi
Legal Topics
Defilement, Mandatory Sentencing, Sentence Review, Mitigation, Constitutional Rights, Sexual Offences
Source Language
English
Criminal Law Defilement Mandatory Sentencing Sentence Review Mitigation Constitutional Rights Sexual Offences

Case Brief

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Parties

Benard Ochieng Onyango

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Sentence Review Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to a review of sentence in light of the Muruatetu decision declaring mandatory sentences unconstitutional.
  2. 2 Whether the applicant has availed new and compelling evidence to warrant a sentence rehearing under Article 50(6) of the Constitution.
  3. 3 Whether the 20-year custodial sentence should be reviewed or substituted with a lesser sentence.

Ratio Decidendi

The court held that the applicant's request for sentence review was merited in light of the Supreme Court's decision in Muruatetu, which rendered mandatory minimum sentences unconstitutional. The court acknowledged that Article 50(2)(p) of the Constitution entitles the applicant to benefit from the least severe punishment prescribed by law. However, after considering the seriousness of the offence, the legislative intent behind the minimum sentence for defilement, and the absence of compelling or exceptional circumstances, the court found no justification to reduce the 20-year custodial sentence. The only adjustment permitted was to ensure the applicant receives credit for any period...

Court Disposition

Application for sentence review dismissed; original sentence affirmed with credit for remand period.

Orders

  • The application for review of sentence is dismissed.
  • The applicant shall be given credit for the period spent in remand custody pursuant to Section 333(2) of the Criminal Procedure Code.