[2012] KEHC 888 (KLR)
The court held that the sentence of ten years imprisonment imposed on the appellant for attempted defilement was the statutory minimum under section 9(2) of the Sexual Offences Act. Since the law does not grant the court discretion to impose a lesser sentence, the appellate court has no power to interfere with the...
Source-derived case information.
- Citation
- [2012] KEHC 888 (KLR)
- Parties
- Appellant: Peter Musyoka Mutinda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 429 of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- GO Shikwe
- Legal Topics
- Sentencing Guidelines, Sexual Offences, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Musyoka Mutinda
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of ten years imprisonment for attempted defilement under section 9(2) of the Sexual Offences Act is lawful and subject to appellate interference.
Ratio Decidendi
The court held that the sentence of ten years imprisonment imposed on the appellant for attempted defilement was the statutory minimum under section 9(2) of the Sexual Offences Act. Since the law does not grant the court discretion to impose a lesser sentence, the appellate court has no power to interfere with the sentence. The appeal against sentence was therefore dismissed as lacking merit.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Criminal Appeal 429 of 2010
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PETER MUSYOKA MUTINDA ….............................................APPELLANT
VERSUS
REPUBLIC …........................................................................ RESPONDENT
(From the Original Conviction and Sentence in the Criminal Case No. 2808 of 2010 of the Chief Magistrate's Court at Mombasa – Ole Tanchu – SRM)
JUDGMENT
The appellant was Convicted and Sentenced to a term of ten years imprisonment for the offence of attempted defilement contrary to section 9 (1) as read together with section 9(2) of the Sexual offences Act. He pleaded guilty to charge and was Convicted on his own plea. He now appeals against the Sentence only.
Section 9(2) of the Sexual offences Act which is the punitive section provides for a term of not less than ten years. The term of ten years is the minimum Sentence and the Court does not have powers to interfere.
This appeal has no merit and it is dismissed.
Judgment dated and delivered in open Court this27th day of November, 2012.
…....................
M. MUYA
JUDGE
In the presence of:-
Mr. Tanui for the State
The appellant himself
Court clerk - Musundi