29..1.26
CORAM : T.A ODERA -JUDGE
KOIMA FOR THE STATE
CA : KIPCHIRCHIR
APPLICANT PRESENT
Koima: : the application is not clear.
Applicant : i seek sentence review i was sentenced to served life imprisonment. i have since reformed .
Koima : The offence is defilement under section 8(1) and 8(2) of the sexual l offences Act. The Supreme court in the case of Joseph Gichuki Mwangi held that the sentences should be maintained by the court. i pray that the application be dismissed.
Ruling
I have considered the application dated 22.5.24 and the response . The applicant filed HCRA no 26 pf 2022 which was dismissed by Hon Justice Kiarie on 7.12.23 .His recourse there was in court of appeal . As rightly submitted by the learned prosecutor In Supreme Court Petition No. E018 of 2023; Republic vs Joshua Gichuki Mwangi where it was held that and reiterated that section 8 was still valid. The Honourable Justices of the Apex court observed as follows;
[66] We must also reaffirm that, although sentencing is an exercise of judicial discretion, it is Parliament and not the Judiciary that sets the parameters of sentencing for each crime in statute. ‘’
In the said case the supreme court pronounced its self on the Minimum sentence Under the Sexual offences Act where it held that the courts have no jurisdiction to interprete the sentences otherwise . The application is devoid of merit and i proceed to dismiss it . file is closed.
CORAM : T.A ODERA -JUDGE
KOIMA FOR THE STATE
CA : KIPCHIRCHIR
APPLICANT PRESENT
Koima: : the application is not clear.
Applicant : i seek sentence review i was sentenced to served life imprisonment. i have since reformed .
Koima : The offence is defilement under section 8(1) and 8(2) of the sexual l offences Act. The Supreme court in the case of Joseph Gichuki Mwangi held that the sentences should be maintained by the court. i pray that the application be dismissed.
Ruling
I have considered the application dated 22.5.24 and the response . The applicant filed HCRA no 26 pf 2022 which was dismissed by Hon Justice Kiarie on 7.12.23 .His recourse there was in court of appeal . As rightly submitted by the learned prosecutor In Supreme Court Petition No. E018 of 2023; Republic vs Joshua Gichuki Mwangi where it was held that and reiterated that section 8 was still valid. The Honourable Justices of the Apex court observed as follows;
[66] We must also reaffirm that, although sentencing is an exercise of judicial discretion, it is Parliament and not the Judiciary that sets the parameters of sentencing for each crime in statute. ‘’
In the said case the supreme court pronounced its self on the Minimum sentence Under the Sexual offences Act where it held that the courts have no jurisdiction to interprete the sentences otherwise . The application is devoid of merit and i proceed to dismiss it . file is closed.