1. The Applicant was convicted in Keroka CM's S.O E065 of 2023 for the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act No. 3 of 2006 and was sentenced to fifteen (15) years' imprisonment. He now seeks a review of that sentence.
2. This Court's revisionary jurisdiction under sections 362 and 364 of the Criminal Procedure Code is limited to examining the correctness, legality and propriety of a sentence or order of the subordinate court.
3. Section 8(3) of the Sexual Offences Act provides that: "A person who commits an offence of defilement with a child between the age of twelve and fifteen years is liable upon conviction to imprisonment for a term of not less than twenty years."
4. The charge sheet states that the complainant was aged twelve (12) years. The Applicant was therefore liable, upon conviction, to a sentence of not less than twenty (20) years' imprisonment, yet the trial court imposed a lesser sentence of fifteen (15) years.
5. The sentence imposed was already below the statutory minimum and was therefore favourable to the Applicant. There is consequently no basis upon which this Court can exercise its revisionary jurisdiction to reduce it further.
6. The application for review of sentence dated 09th March 2026 is dismissed.
2. This Court's revisionary jurisdiction under sections 362 and 364 of the Criminal Procedure Code is limited to examining the correctness, legality and propriety of a sentence or order of the subordinate court.
3. Section 8(3) of the Sexual Offences Act provides that: "A person who commits an offence of defilement with a child between the age of twelve and fifteen years is liable upon conviction to imprisonment for a term of not less than twenty years."
4. The charge sheet states that the complainant was aged twelve (12) years. The Applicant was therefore liable, upon conviction, to a sentence of not less than twenty (20) years' imprisonment, yet the trial court imposed a lesser sentence of fifteen (15) years.
5. The sentence imposed was already below the statutory minimum and was therefore favourable to the Applicant. There is consequently no basis upon which this Court can exercise its revisionary jurisdiction to reduce it further.
6. The application for review of sentence dated 09th March 2026 is dismissed.