[2014] KEHC 5691 (KLR)
The court found that the appellant had been sentenced to the minimum term of imprisonment as prescribed by Section 8(3) of the Sexual Offences Act, 2006 for the offence of defilement. Since the law mandates a minimum sentence, and the appellant did not challenge the conviction, the court had no legal basis to...
Source-derived case information.
- Citation
- [2014] KEHC 5691 (KLR)
- Parties
- Appellant: Sinene Loitoo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 133 “C” of 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; sentence affirmed
- Judges
- LN Mutende
- Legal Topics
- Defilement, Sexual Offences Act, Sentencing, Minimum Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sinene Loitoo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for defilement was lawful and warranted interference on appeal.
Ratio Decidendi
The court found that the appellant had been sentenced to the minimum term of imprisonment as prescribed by Section 8(3) of the Sexual Offences Act, 2006 for the offence of defilement. Since the law mandates a minimum sentence, and the appellant did not challenge the conviction, the court had no legal basis to interfere with the sentence. The appeal on sentence was therefore dismissed and the original sentence affirmed.
Court Disposition
appeal dismissed; sentence affirmed
Orders
- The appeal is dismissed.
- The sentence imposed by the trial court is affirmed.
Full Case Text
Judgment text and source record
18 paragraphs
231/2014
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL APPEAL NO. 133 “C” OF 2009
SINENE LOITOO................................................................APPELLANT
VERSUS
REPUBLIC ......................................................................RESPONDENT
(Being an appeal from the original conviction and sentence in Kitui Principal Magistrate’s Court Criminal Case No. 741 of 2009 by Hon. W.N. Kaberia, SRM on 8/7/2009)
JUDGMENT
The appellant, Sinene Loitoo was charged with the offence of defilement of a girl contrary to Section 8(3) of the Sexual Offences Act, 2006. He was sentenced to serve20 years imprisonment.
Being dissatisfied by the conviction and sentence thereof he lodged an appeal. However when the case come up for hearing he abandoned the appeal against the conviction and mitigated on sentence. His grounds of mitigation were as follows:-
That he is remorseful and he promised not to engage in criminal activities.
That he had participated in the theological studies, peer education, guiding and counselling and vocational training courses hence rehabilitated.
Thathe promises to be a role model and to participate in national guiding.
The appeal was opposed by the State. Having been sentenced to the minimum prescribed sentence for the offence provided by the provision of Law I have no reason to interfere with it. I therefore affirm the sentence imposed. The appeal is dismissed.
DATED, DELIVERED and SIGNEDthis 23RDday of MARCH,2014.
L.N. MUTENDE
JUDGE