[2023] KEHC 22419 (KLR)
Although section 8(2) of the Sexual Offences Act prescribes a mandatory sentence of life imprisonment for defilement of a child under eleven, the court found that the sentence was excessive in the circumstances because the appellant was a first offender and pleaded guilty. The appellate court exercised its...
Source-derived case information.
- Citation
- [2023] KEHC 22419 (KLR)
- Parties
- Appellant: Kennedy Cheruiyot Sang alias Kipchirchir; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E004 of 2022
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal allowed in part; sentence varied.
- Judges
- JR Karanja
- Legal Topics
- Sentencing, Sexual Offences, Defilement, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Cheruiyot Sang alias Kipchirchir
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of life imprisonment imposed for defilement under section 8(2) of the Sexual Offences Act was excessive given the appellant was a first offender.
- 2 Whether the appellate court should interfere with the sentence imposed by the trial court.
Ratio Decidendi
Although section 8(2) of the Sexual Offences Act prescribes a mandatory sentence of life imprisonment for defilement of a child under eleven, the court found that the sentence was excessive in the circumstances because the appellant was a first offender and pleaded guilty. The appellate court exercised its discretion to set aside the life sentence and substitute it with a term of thirty years' imprisonment, balancing the need for deterrence and the mitigating factors present.
Court Disposition
Appeal allowed in part; sentence varied.
Orders
- The sentence of life imprisonment is set aside.
- The appellant is sentenced to thirty (30) years imprisonment.
Full Case Text
Judgment text and source record
19 paragraphs
Sang alias Kipchirchir v Republic (Criminal Appeal E004 of 2022) [2023] KEHC 22419 (KLR) (21 September 2023) (Judgment)
Neutral citation: [2023] KEHC 22419 (KLR)
Republic of Kenya
In the High Court at Kapsabet
Criminal Appeal E004 of 2022
JR Karanja, J
September 21, 2023
Between
Kennedy Cheruiyot Sang alias Kipchirchir
Appellant
and
Republic
Respondent
Judgment
1. Indeed the appeal is essentially on sentence and not conviction as implied in the appellants grounds of appeal. An Appeal Court may only interfere with the sentence imposed by the trial court if it is unlawful or excessive in the circumstances.
2. In this case, the appellant was charged with defiling a five year old child and upon his own plea of guilt, he was convicted and sentenced to life imprisonment pursuant to section 8(2) of the Sexual Offence Act which provides for such sentence. The sentence imposed by the trial court was therefore not unlawful.
3. However, considering that the appellant was a first offender, the sentence was rather excessive even though section 8(2) of the Sexual Offences Act is framed in mandatory terms.
4. In that regard the appeal is allowed to the extent that the life imprisonment sentence is hereby set aside and substituted for a sentence of thirty (30) years imprisonment.
DELIVERED AND DATED THIS 21ST DAY OF SEPTEMBER, 2023J. R. KARANJAH,JUDGE