' The Applicant was sentenced to serve a concurrent term of 10 years incest contrary to section 20 (1) of the Sexual Offences Act.
The Court has noted the written request by the Applicant for review of sentence.
The powers of the High court in revision cases are contained in Section 362 through to 366 of the Criminal Procedure Code (cap.75) Laws of Kenya. Section 362 specifically provides as follows: -
“362. The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such subordinate court”.
4. Section 20 (1) of the Kenya Sexual Offences Act provides that any male person who commits an indecent act or an act which causes penetration with a female person who is to his knowledge his daughter, granddaughter, sister, mother, niece, aunt or grandmother is guilty of an offence termed incest and is liable to imprisonment for a term of not less than ten years.
5. The sentence of 10 years imposed on the Applicant is lawful and this court has no jurisdiction to interfere with it
6. I therefore find that this revision has no merit and it is disallowed
'
The Court has noted the written request by the Applicant for review of sentence.
The powers of the High court in revision cases are contained in Section 362 through to 366 of the Criminal Procedure Code (cap.75) Laws of Kenya. Section 362 specifically provides as follows: -
“362. The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such subordinate court”.
4. Section 20 (1) of the Kenya Sexual Offences Act provides that any male person who commits an indecent act or an act which causes penetration with a female person who is to his knowledge his daughter, granddaughter, sister, mother, niece, aunt or grandmother is guilty of an offence termed incest and is liable to imprisonment for a term of not less than ten years.
5. The sentence of 10 years imposed on the Applicant is lawful and this court has no jurisdiction to interfere with it
6. I therefore find that this revision has no merit and it is disallowed
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