[2025] KEHC 6918 (KLR)

[2025] KEHC 6918 (KLR)

The court held that the applicant's request for sentence review under the revisionary jurisdiction of the High Court was not tenable because no appeal had been filed, and revision cannot be used as a substitute for appeal. Furthermore, the court found that the prescribed punishment for gang rape under the Sexual Offences Act has not changed, and thus the applicant cannot benefit from a lesser sentence under Article 50(2)(p) of the Constitution. The trial court had already considered and credited the period spent in remand custody in accordance with Section 333(2) of the Criminal Procedure Code. The Supreme Court's decision in Republic v Mwangi affirmed the constitutionality of mandatory...

Citation
[2025] KEHC 6918 (KLR)
Parties
Applicant: Kipkeno Rono; Respondent: Republic
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
22 May 2025
Case Number
Criminal Revision E329 of 2024
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Outcome
application dismissed
Judges
E Ominde
Legal Topics
Sentencing Review, Sexual Offences Act, Revision Jurisdiction, Remand Credit, Mandatory Minimum Sentences
Source Language
English
Criminal Law Sentencing Review Sexual Offences Act Revision Jurisdiction Remand Credit Mandatory Minimum Sentences

Case Brief

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Parties

Kipkeno Rono

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Sentence Review

Legal Issues

  1. 1 Whether the High Court can review the applicant's sentence under Section 362 and 364 of the Criminal Procedure Code where no appeal has been filed.
  2. 2 Whether the applicant is entitled to a reduction of sentence under Article 50(2)(q) of the Constitution.
  3. 3 Whether the prescribed punishment for gang rape has changed to warrant benefit of a lesser sentence under Article 50(2)(p) of the Constitution.

Ratio Decidendi

The court held that the applicant's request for sentence review under the revisionary jurisdiction of the High Court was not tenable because no appeal had been filed, and revision cannot be used as a substitute for appeal. Furthermore, the court found that the prescribed punishment for gang rape under the Sexual Offences Act has not changed, and thus the applicant cannot benefit from a lesser sentence under Article 50(2)(p) of the Constitution. The trial court had already considered and credited the period spent in remand custody in accordance with Section 333(2) of the Criminal Procedure Code. The Supreme Court's decision in Republic v Mwangi affirmed the constitutionality of mandatory...

Court Disposition

application dismissed

Orders

  • The application for review of sentence is dismissed.
  • Right of appeal within 14 days.