[2025] KEHC 4791 (KLR)
The court held that the law prescribes mandatory minimum sentences for sexual offences, and therefore, the request for sentence revision to a community service order is not supported by law. The Supreme Court has expressly pronounced that sentencing discretion does not apply to such offences. Consequently, the...
Source-derived case information.
- Citation
- [2025] KEHC 4791 (KLR)
- Parties
- Applicant: Republic; Defendant: Kalimbo Nyawa Bora
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Review E112 of 2025
- Procedural Posture
- Criminal Review / Ruling on Sentence Revision
- Outcome
- Sentence revision application dismissed; convict to serve full sentence.
- Judges
- RE Aburili
- Legal Topics
- Sexual Offences, Sentencing, Mandatory Minimum Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kalimbo Nyawa Bora
Defendant
Procedural Posture
Criminal Review / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentence of ten years imprisonment for sexual assault on a child can be revised to a community service order.
- 2 Whether the law permits sentencing discretion or negotiation for sexual offences with mandatory minimum sentences.
Ratio Decidendi
The court held that the law prescribes mandatory minimum sentences for sexual offences, and therefore, the request for sentence revision to a community service order is not supported by law. The Supreme Court has expressly pronounced that sentencing discretion does not apply to such offences. Consequently, the convict must serve the full sentence as imposed by the trial court, and the application for revision is dismissed.
Court Disposition
Sentence revision application dismissed; convict to serve full sentence.
Orders
- The request for sentence revision is declined and dismissed.
- The convict to serve the full sentence imposed by the trial court.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Bora (Criminal Review E112 of 2025) [2025] KEHC 4791 (KLR) (14 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4791 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Review E112 of 2025
RE Aburili, J
April 14, 2025
Between
Republic
Applicant
and
Kalimbo Nyawa Bora
Accused
Ruling
1. The convict Kalumbo Nyawa Bora was sentenced to serve ten (10) years imprisonment for the offence of Sexual Assault on a child aged 8 years.
2. This was on 10/12/2020 vide Mombasa Chief Magistrate’s court SO case no E042 of 2020.
3. He did not plead guilty.
4. The probation officer now requests vide a report dated 11/4/2024, for sentence revision, the convict to serve community service order.
5. It is unfortunate that probation officers are not sensitized on the law to appreciate that sexual offences are not amenable for negotiation or sentencing discretion under the law, noting that the sentences prescribed under the Act are mandatory minimums. The Supreme Court in R vs Joshua Gichuki Mwangi (2023) eKLR expressly pronounced itself on the issue.
6. Accordingly, I find the request for sentence revision is not backed by the law.
7. It is declined and dismissed.
8. The Convict to serve full sentence.
9. The file is closed.
10. I so order.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 14THDAY OF APRIL, 2025R. E. ABURILI____JUDGE