[2019] KEHC 11094 (KLR)
The court found that the sentence imposed by the Trial Court was lawful and had been confirmed by both the High Court and the Court of Appeal. The judge held that, in the absence of exceptional circumstances or a change in the law, there was no basis to interfere with the sentence. The ongoing debate regarding...
Source-derived case information.
- Citation
- [2019] KEHC 11094 (KLR)
- Parties
- Applicant: Peter Lomoketilo Losabu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 3 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- AT Sitati
- Legal Topics
- Sentence Review, Sexual Offences Act, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Lomoketilo Losabu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the sentence imposed by the Trial Court was lawful and subject to review by the High Court.
- 2 Whether ongoing debates regarding sentencing under the Sexual Offences Act affect the applicant's sentence.
Ratio Decidendi
The court found that the sentence imposed by the Trial Court was lawful and had been confirmed by both the High Court and the Court of Appeal. The judge held that, in the absence of exceptional circumstances or a change in the law, there was no basis to interfere with the sentence. The ongoing debate regarding sentencing under the Sexual Offences Act was noted, but the court determined that until such debate results in a change in the law or binding precedent, the sentence must stand. Consequently, the application for review was dismissed as unmerited.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAPENGURIA
CRIMINAL DIVISION
MISCELLANEOUS CRIMINAL APPLICATION NUMBER 3 OF 2019
PETER LOMOKETILO LOSABU........................APPLICANT
VERSUS
REPUBLIC.............................................................RESPONDENT
CORAM: LADY JUSTICE RUTH N. SITATI
RULING
1. Upon reading the application as filed and upon hearing parties’ submissions on the same, I find that the applicant’s application for review of sentence is not merited. In the first place, the sentence passed by the Trial Court is a lawful sentence. The sentence is also a strict sentence.
2 .Further, sentencing under the Sexual Offences Act, No. 3 of 2006, is still the subject of debate and until the debate is concluded, this court shall not interfere with the sentence imposed by the Trial Court and confirmed by both the High Court and the Court of Appeal.
3. The application is hereby dismissed.
Ruling delivered, dated and signed in open court here at Kapenguria on this 12th Day of March, 2019.
RUTH N. SITATI
JUDGE
In the Presence of:-
Applicant – present in person.
Ms Kiptoo for State
Mr. Juma - Court Assistant