[2010] KEHC 1110 (KLR)
The court held that the sentence of 20 years imprisonment imposed on the appellant for defilement of a child under 14 years is the statutory minimum under Kenyan law. Since the law prescribes no lesser punishment, the court found no basis to interfere with the sentence. The appeal against sentence was therefore...
Source-derived case information.
- Citation
- [2010] KEHC 1110 (KLR)
- Parties
- Appellant: Richard Chepotibin Cheptirin; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 114 of 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- PM Mwilu
- Legal Topics
- Defilement, Sentencing Guidelines, Minimum Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Richard Chepotibin Cheptirin
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 20 years imprisonment for defilement of a child under 14 years is lawful and subject to reduction.
Ratio Decidendi
The court held that the sentence of 20 years imprisonment imposed on the appellant for defilement of a child under 14 years is the statutory minimum under Kenyan law. Since the law prescribes no lesser punishment, the court found no basis 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
18 paragraphs
REPUBLICOFKENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CRIMINAL APPEAL NO. 114 OF 2007
RICHARD CHEPOTIBIN CHEPTIRIN…………..APPELLANT
VERSUS
REPUBLIC ………………………………………….RESPONDENT
(Being an appeal against Judgment from KabarnetMagistrate’s Court Criminal Case No.169 /2007 delivered by H.M.NYAGA (SRM) on 17th September, 2008)
J U D G M E N T
The appellant was convicted for the offence of defiling an under 14 year old girl and he was sentenced to serve a term of imprisonment of 20 years.He filed the appeal against conviction and sentence but at the hearing he abandoned his appeal against conviction and prayed for a reduction of the term of imprisonment.The state opposed the appeal on sentence.For defiling a child aged 14 years the minimum sentence is twenty years.That is what the accused got.There is no lesser punishment.The appeal against sentence is without merit and it is accordingly dismissed.
DATED SIGNED AND DELIVERED AT ELDORET THIS 21ST DAY OF OCTOBER, 2010.
P.M. MWILU
JUDGE
In the presence of;
Appellant
Kabaka – State Counsel
Andrew Omwenga – Court Clerk
P.M. MWILU
JUDGE