[2019] KEHC 9395 (KLR)
The court held that, despite the applicant's efforts at rehabilitation and improved character, the current legal framework under the Sexual Offences Act does not permit a review of sentence on these grounds until further judicial clarification is provided regarding the applicability of the Supreme Court's Muruatetu...
Source-derived case information.
- Citation
- [2019] KEHC 9395 (KLR)
- Parties
- Applicant: Vincent Jumba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 2 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- AT Sitati
- Legal Topics
- Sentence Review, Sexual Offences Act, Remission of Sentence
- 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
Vincent Jumba
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a review of sentence under the Sexual Offences Act in light of the Supreme Court decision in Muruatetu.
- 2 Whether the applicant's improved character and training while in prison warrant a reduction of sentence.
Ratio Decidendi
The court held that, despite the applicant's efforts at rehabilitation and improved character, the current legal framework under the Sexual Offences Act does not permit a review of sentence on these grounds until further judicial clarification is provided regarding the applicability of the Supreme Court's Muruatetu decision to such cases. The application for review of sentence was therefore dismissed, with the court noting that remission for good behavior is a matter for the prison authorities and not for judicial intervention at this stage.
Court Disposition
application dismissed
Orders
- The applicant's application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAPENGURIA
CRIMINAL DIVISION
MISCELLANEOUS CRIMINAL APPLICATION NUMBER 2 OF 2019
VINCENT JUMBA.............................................APPLICANT
VERSUS
REPUBLIC.......................................................RESPONDENT
CORAM: LADY JUSTICE RUTH N. SITATI
RULING
1. The court has heard both the applicant and the respondent on this matter in which the applicant seeks review of sentence meted out to him under the Sexual Offences Act, No. 3 of 2006.
2. While it may be true that the applicant has undergone training that goes to improve his character, this is a matter that is still being considered with a view to bringing sentencing under the Sexual Offences Act in line with the Supreme Court decision in the Muruatetu and another -vs- Republic [2017] eKLR 2017. Until then, the applicant’s application be and is hereby dismissed. The court is however aware that the prison system grants remission to well behaved inmates and the applicant is a likely candidate for the same.
Orders accordingly.
Ruling delivered in open court at Kapenguria on this 12th Day of March, 2019.
RUTH N. SITATI
JUDGE
In the Presence of:-
Applicant – present in person.
Ms Kiptoo for State
Mr. Juma - Court Assistant