Re. KABASINGA
The Supreme Court held that Article 133(5) of Law NÂş 68/2018, which imposes a mandatory life sentence without the possibility of reduction for mitigating circumstances in cases of defilement followed by cohabitation, violates Articles 29 and 151 of the Constitution. The provision deprives judges of the discretion necessary to ensure individualized and proportionate sentencing, undermines the right to a fair trial, and infringes on judicial independence. Therefore, the impugned provision is unconstitutional and void.
Source excerpt
- Mandatory sentencing
- Judicial independence
- Fair trial
- Mitigating circumstances
- Life imprisonment
- Due process