[2025] KEHC 4794 (KLR)
The court held that mandatory minimum sentences for sexual offences, as prescribed by the Sexual Offences Act, are lawful and constitutional. The Supreme Court has affirmed that such sentences are not subject to revision by the High Court, even where the convict seeks a non-custodial or community service order. The...
Source-derived case information.
- Citation
- [2025] KEHC 4794 (KLR)
- Parties
- Applicant: Republic; Respondent: Mohammed Shahibu
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E109 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Application for sentence revision dismissed.
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sexual Offences Act, Mandatory Sentencing, Sentence Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mohammed Shahibu
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the convict for defilement is subject to revision under the law.
- 2 Whether mandatory minimum sentences under the Sexual Offences Act can be revised by the High Court.
Ratio Decidendi
The court held that mandatory minimum sentences for sexual offences, as prescribed by the Sexual Offences Act, are lawful and constitutional. The Supreme Court has affirmed that such sentences are not subject to revision by the High Court, even where the convict seeks a non-custodial or community service order. The purpose of these mandatory sentences is to punish and deter sexual predators who target vulnerable children. Accordingly, the application for sentence revision by Mohammed Shahibu, convicted of defilement of a 13-year-old minor and sentenced to seven years imprisonment, is without merit and must be dismissed. The High Court has no jurisdiction to revise a sentence that is...
Court Disposition
Application for sentence revision dismissed.
Orders
- The request for sentence review is declined and dismissed.
- The file is dismissed and closed.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Shahibu (Criminal Revision E109 of 2025) [2025] KEHC 4794 (KLR) (14 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4794 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Revision E109 of 2025
RE Aburili, J
April 14, 2025
Between
Republic
Applicant
and
Mohammed Shahibu
Accused
Ruling
1. The convict Mohammed Shahibu was on 24/11/2022 sentenced to serve seven (7) years imprisonment for the offence of defilement contrary to Section 8 (1) as read with Section 8 (4) of the Sexual Offences Act No. 3 2006 vide Mombasa Chief Magistrates Court S.O. case no E3120 of 2020.
2. The matter went to a full trial. This file is here for sentence revision.
3. I have perused the original court file. The minor victim of defilement was aged 13 years old.
4. Sexual offences carry mandatory minimum sentences and they do not qualify for sentence revision.
5. This is because the mandatory the mandatory sentences are lawful and constitutional and are meant to punish the sex predators who prey on innocent vulnerable children.
6. The supreme court in Petition no E018 of 2023 Republic Versus Joshua Gichuki Mwangi overturned the decision of the Court of Appeal which reduced the mandatory minimum sentence imposed on the convict in sexual offences by the lower court as upheld by the High Court.
7. For the above reasons, I find that the convict herein Mohamed Shahibu does not qualify for community service orders or for any other non-custodial sentence.
8. The request for sentence review is declined and dismissed.
9. This file is dismissed.
10. File is closed.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 14THDAY OF APRIL, 2025R. E. ABURILIJUDGE