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JudgmentHARRISON NINGU WACHIRA VS The Republic1 min read

HARRISON NINGU WACHIRA VS The Republic

High Court at Milimani High Court · · Alexander Muasya Muteti


  1. The applicant has moved this court to seeking review of sentence. The court notes that Section 332 (2) of the Criminal Procedure Code was applied by the lower court.
  2. The accused person was given the benefit of the period of almost 2 years spent in custody before sentence at page 7 of the sentencing notes.
  3. The gravity of the offence is noted by this court and the court finds no reason to interfere with the 12 year period that the accused was granted by the lower court. The sentence is merited taking into account the seriousness of the offence. I find no irregularity or illegality in sentencing. The application for the court to interfere with the sentence is hereby dismissed for there is no justifiable cause to interfere with the sentence.
  4. The offence of defilement is a very serious one and the applicant should consider himself very lucky to have gotten away with a 12 years sentence. The learned magistrate’s mind must have been influenced by the age of the complainant/victim who was 15 years old when the offence was committed.
  5. The accused is to serve the remainder of his prison term.
  6. The application is hereby dismissed.
  7. It is so ordered.


    HARRISON NINGU WACHIRA VS The Republic HARRISON NINGU WACHIRA VS The Republic