[2024] KEHC 15110 (KLR)
The court held that the Supreme Court has expressly clarified that the Francis Muruatetu & Another v Republic decision is limited to murder cases and does not extend to mandatory or minimum sentences under the Sexual Offences Act or other statutes. Therefore, the applicant's argument that the minimum sentence for...
Source-derived case information.
- Citation
- [2024] KEHC 15110 (KLR)
- Parties
- Applicant: Geofrey Indunyi Were; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E008 of 2023
- Procedural Posture
- Criminal Petition / Ruling on Resentencing Application
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sexual Offences Act, Minimum Sentences, Constitutionality of Sentences, Abuse of Process
- 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
Geofrey Indunyi Were
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Resentencing Application
Legal Issues
- 1 Whether the minimum sentence of 20 years imprisonment for defilement under the Sexual Offences Act is unconstitutional.
- 2 Whether the Supreme Court decision in Francis Muruatetu & Another v Republic applies to mandatory sentences under the Sexual Offences Act.
- 3 Whether repeated applications for resentencing on the same grounds constitute an abuse of court process.
Ratio Decidendi
The court held that the Supreme Court has expressly clarified that the Francis Muruatetu & Another v Republic decision is limited to murder cases and does not extend to mandatory or minimum sentences under the Sexual Offences Act or other statutes. Therefore, the applicant's argument that the minimum sentence for defilement is unconstitutional is without merit. The court further found that the applicant's repeated applications for resentencing on the same grounds, after previous dismissals, constitute an abuse of the court process and a waste of judicial time. Consequently, the petition for resentencing was dismissed.
Court Disposition
petition dismissed
Orders
- The petition dated 13/6/2023 is dismissed.
- File is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Were v Republic (Criminal Petition E008 of 2023) [2024] KEHC 15110 (KLR) (22 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15110 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition E008 of 2023
RE Aburili, J
November 22, 2024
Between
Geofrey Indunyi Were
Applicant
and
Republic
Respondent
Ruling
1. The Applicant /Petitioner herein Geofrey Indunyi Were was convicted of the offence of defilement contrary to Section 8(1) as read with Section 8 (2) of the Sexual Offences Act No. 3 of 2006 vide Bondo PM SO 624/2015. He was sentenced to serve 20 years imprisonment.
2. He appealed vide Kisumu HCCRA No. 114/2015 which appeal was transferred to Siaya and given a new case file Number HCCRA 69/2015. The appeal was heard and dismissed by J.A Makau J. on 26/11/2015. The convict herein applied for resentencing vide Criminal Petition No. E012/2022 which petition was dismissed on 5/10/2022.
3. The convict again applied for another resentencing vide Cr. Petition No. E005/2023 which petition was heard and dismissed on 24/2/2023 for want of substance.
4. Again, the convict is here applying for resentencing. For avoidance of doubt, the Supreme Court has since declared that the minimum sentences under the Sexual Offences Act are lawful and constitutional and it has also clarified that the Francis Muruatetu & Another V Republic (2017) eKLR decision only applied to murder cases and not Sexual Offences or robbery with violence which have mandatory sentences. In other words, the Supreme Court has clarified in no uncertain terms that its decision in the Muruatetu Case I does not invalidate the mandatory or minimum sentences in the Penal Code or the Sexual Offences Act or any other statute. This pronouncement was made in the recent Supreme Court of Kenya Petition No. E018/2023 Republic versus Joshua Gichuki Mwangi [2014] eKLR.
5. In the premises, I find the persistence by the convict herein Geoffrey Indunyi Were to have his minimum 20 years sentence reduced on account of unconstitutionality to be an abuse of the court process and a waste of judicial time.
6. Accordingly, the Petition dated 13/6/2023 is hereby dismissed.
7. File is closed.
8. Signal to issue.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 22NDDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE