[2015] KEHC 6126 (KLR)
The court held that the sentence of fifteen years imprisonment imposed on the appellant was within the law, as Section 8(3) of the Sexual Offences Act prescribes a minimum sentence of fifteen years for defilement of a child aged between sixteen and eighteen years. The trial magistrate correctly applied the law, and...
Source-derived case information.
- Citation
- [2015] KEHC 6126 (KLR)
- Parties
- Appellant: Tom Loki Ndive; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 37 of 2014
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- LN Mutende
- Legal Topics
- Defilement, Sexual Offences Act, Sentencing Guidelines, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tom Loki Ndive
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of fifteen years imprisonment for defilement was lawful and appropriate under the Sexual Offences Act.
- 2 Whether there were mitigating circumstances warranting a reduction of sentence.
Ratio Decidendi
The court held that the sentence of fifteen years imprisonment imposed on the appellant was within the law, as Section 8(3) of the Sexual Offences Act prescribes a minimum sentence of fifteen years for defilement of a child aged between sixteen and eighteen years. The trial magistrate correctly applied the law, and the appellant's mitigation did not provide a legal basis for reducing the sentence. Consequently, the appeal against sentence lacked merit and was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL APPEAL NO. 37 OF 2014
TOM LOKI NDIVE………………………………….……….APPELLANT
VERSUS
REPUBLIC…………………………………………………….RESPONDENT
(Being an appeal from the original conviction and sentence in Tawa Senior Resident magistrate’s Court Criminal Case No. 1 of 2013 by Hon. H.M. Ng’ang’a , RM on 20/2/14)
JUDGMENT
Tom Loki Ndive was charged and convicted of the offence of defilementof a child contrary to Section 8(1) as read with subsection (3) of the Sexual Offences Act No.3 of 2006. He was sentenced to fifteen (15) years imprisonment. .
Being dissatisfied with the decision of the court on the sentence meted out, he now mitigates on the same. In his Petition he states that he is 35 years old and the eldest son in their family bearing the responsibility of taking care of his parents and siblings. That he is under the Rehabilitation Programme in prison therefore he is fit to take part in building the nation.
According to the law, a person who defiles a child aged between sixteen and eighteen (18) years is liable to imprisonment for a term not less than fifteen years. The trial magistrate alluded to that fact prior to imposing the sentence. This being the case the sentence meted out was within the law.
Consequently, the appeal lacks merit. Accordingly, it is dismissed.
It is so ordered.
DATED, SIGNED and DELIVEREDatKITUI this 12TH day of FEBRUARY, 2015.
L.N. MUTENDE
JUDGE