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I have heard and considered the submissions of the Applicant and the State and I do agree with the learned Prosecution Counsel that this court cannot grant the orders sought by the Applicant. This is for reasons that; firstly, the sentence he seeks to have this court review is a sentence of the Court of Appeal which is a court higher than this court and in view of Article 50(2) (q) of the Constitution this is not the proper forum for his application.
Secondly, the Supreme Court has recently pronounced itself in regard to sentences under the Sexual Offences Act and has been categorical that those sentences are lawful and must be imposed where a conviction accrues – see the case of Republic v Mwangi; Initiative for Strategic Litigation in Africa (ISLA) & 3 others (Amicus Curiae) (Petition E018 of 2023) [2024] KESC 34 (KLR) (12 July 2024) (Judgment).
The sentence the Applicant is currently serving is a lawful sentence and this court cannot interfere with it. The discretion of the court must be exercised within the law but not at a whim and in this case there would be no basis to reduce the sentence. The application is dismissed. File closed.
Ruling dated, signed and delivered virtually on this 5th day of November, 2025.
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I have heard and considered the submissions of the Applicant and the State and I do agree with the learned Prosecution Counsel that this court cannot grant the orders sought by the Applicant. This is for reasons that; firstly, the sentence he seeks to have this court review is a sentence of the Court of Appeal which is a court higher than this court and in view of Article 50(2) (q) of the Constitution this is not the proper forum for his application.
Secondly, the Supreme Court has recently pronounced itself in regard to sentences under the Sexual Offences Act and has been categorical that those sentences are lawful and must be imposed where a conviction accrues – see the case of Republic v Mwangi; Initiative for Strategic Litigation in Africa (ISLA) & 3 others (Amicus Curiae) (Petition E018 of 2023) [2024] KESC 34 (KLR) (12 July 2024) (Judgment).
The sentence the Applicant is currently serving is a lawful sentence and this court cannot interfere with it. The discretion of the court must be exercised within the law but not at a whim and in this case there would be no basis to reduce the sentence. The application is dismissed. File closed.
Ruling dated, signed and delivered virtually on this 5th day of November, 2025.
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