[2021] KEHC 872 (KLR)
The court held that the 15-year sentence imposed on the applicant for the offence of rape is reasonable and within the statutory limits set by section 3(3) of the Sexual Offences Act. The law provides for a minimum sentence of 10 years, with the possibility of enhancement to life imprisonment. The court found no...
Source-derived case information.
- Citation
- [2021] KEHC 872 (KLR)
- Parties
- Applicant: Wilfred Nyang’au Nyanaro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 72 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- REA Ougo
- Legal Topics
- Sentencing Review, Sexual Offences, Rape, Minimum Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred Nyang’au Nyanaro
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence of 15 years imprisonment for rape imposed on the applicant should be reviewed.
Ratio Decidendi
The court held that the 15-year sentence imposed on the applicant for the offence of rape is reasonable and within the statutory limits set by section 3(3) of the Sexual Offences Act. The law provides for a minimum sentence of 10 years, with the possibility of enhancement to life imprisonment. The court found no basis to interfere with the sentence as it was neither illegal nor manifestly excessive. Accordingly, the application for review was dismissed.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL REVISION NO.72 OF 2021
(From original conviction and sentence in Criminal Case No.77 of 2020 of the Kisii magistrate’s Court at Kisii)
WILFRED NYANG’AU NYANARO....APPLICANT
VERSUS
REPUBLIC..........................................RESPONDENT
RULING
1. Wilfred Nyang’au Nyanaro in his petition filed on the 13/10/2021 seeks a review of his sentence. He is currently serving a 15-year jail term. He was charged and found guilty of Rape.
2. Under section 3(3) of the Sexual Offences Act a person found guilty of rape is liable to an imprisonment term which should not be less than 10 years but which may be enhanced to imprisonment to life.
3. 15 years is a reasonable sentence considering the sentence provided in law. I therefore decline to review the sentence imposed by the trial court. The petitioner is dismissed.
DATED, SIGNED AND DELIVERED AT KISII ON THE 30TH DAY OF NOVEMBER, 2021
R. E. OUGO
JUDGE
In the presence of:
Applicant Present
Mr. Morande State Counsel ODPP
Kevin Isindu Court Assistant