' RULING
1. The Applicant, Eliud Nyongesa Wamalwa was charged, tried and 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 in Bungoma CMC CR (O.S) NO 736 /2011. He was then sentenced to life imprisonment and his Appeal In Bungoma HCCRA No 20 of 2015 was dismissed and so was his further Appeal in Kisumu COA CRA NO 276 of 2019.
2. The Appicant has now approached this court under the provisions of articles 2, 3 (a), 19 (2), 20 (1), 23 (1) 25 (c), 27 (1) (4), 28, 50 (2) (p), 159 (2) and 165 (3) of the Constitution of Kenya 2010 craving for declaratory orders that his application for revision is well merited and that he is entitled to a less severe sentence. This application is supported by his own affidavit.
3. I have duly considered the application herein and the affidavit in support thereof within the backdrop of the judgment of the Supreme Court in Republic Versus Joshua Gichuki Mwangi & Others; Petition No 18 of 2023 wherein the Supreme Court rendered itself on this issue; that the mandatory minimum sentences prescribed by the Sexual Offences Act are valid as long as the Act remains in force. This court is bound by that judgment under ther doctrine of stare decisis as codified under article 163(7) of the Constitution of Kenya 2010.
4. The applicant herein duly exhausted all his avenues of appeal and it cannot be said that his right to a fair trial were infrigned upon
5. Premised on the reasons aforestated, I do find that this application is devoid of merit and I thus dismiss it in it''s entirety.
6. This file is hereby marked as closed.
Delivered, Signed and Dated at Bungoma this 21st day of October 2025.
M.S.Shariff
Judge
'
1. The Applicant, Eliud Nyongesa Wamalwa was charged, tried and 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 in Bungoma CMC CR (O.S) NO 736 /2011. He was then sentenced to life imprisonment and his Appeal In Bungoma HCCRA No 20 of 2015 was dismissed and so was his further Appeal in Kisumu COA CRA NO 276 of 2019.
2. The Appicant has now approached this court under the provisions of articles 2, 3 (a), 19 (2), 20 (1), 23 (1) 25 (c), 27 (1) (4), 28, 50 (2) (p), 159 (2) and 165 (3) of the Constitution of Kenya 2010 craving for declaratory orders that his application for revision is well merited and that he is entitled to a less severe sentence. This application is supported by his own affidavit.
3. I have duly considered the application herein and the affidavit in support thereof within the backdrop of the judgment of the Supreme Court in Republic Versus Joshua Gichuki Mwangi & Others; Petition No 18 of 2023 wherein the Supreme Court rendered itself on this issue; that the mandatory minimum sentences prescribed by the Sexual Offences Act are valid as long as the Act remains in force. This court is bound by that judgment under ther doctrine of stare decisis as codified under article 163(7) of the Constitution of Kenya 2010.
4. The applicant herein duly exhausted all his avenues of appeal and it cannot be said that his right to a fair trial were infrigned upon
5. Premised on the reasons aforestated, I do find that this application is devoid of merit and I thus dismiss it in it''s entirety.
6. This file is hereby marked as closed.
Delivered, Signed and Dated at Bungoma this 21st day of October 2025.
M.S.Shariff
Judge
'