1. By an undated application supported by the affidavit of Patrick Mutemi Munyasia, the applicant seek review of the sentence meted out by the trial court on 23/3/2026.
2. The accused was charged, convicted and sentenced to serve 10 years imprisonment for the offence of rape contrary to Section 3(1)(a)(c) as read with Section 3(3) of the Sexual Offences Act.
3. The law in Section 3(3) of the Act provides for a mandatory minimum sentence of 10 years upon conviction.
4. The applicant is not challenging the conviction but the sentence passed.
5. The jurisprudence emanating from the Supreme Court and whose decision bind this court is that mandatory minimum sentence and are legal and constitutional.
6. In the circumstance the application for review of the term sentence passed is declined. The same is dismissed.
2. The accused was charged, convicted and sentenced to serve 10 years imprisonment for the offence of rape contrary to Section 3(1)(a)(c) as read with Section 3(3) of the Sexual Offences Act.
3. The law in Section 3(3) of the Act provides for a mandatory minimum sentence of 10 years upon conviction.
4. The applicant is not challenging the conviction but the sentence passed.
5. The jurisprudence emanating from the Supreme Court and whose decision bind this court is that mandatory minimum sentence and are legal and constitutional.
6. In the circumstance the application for review of the term sentence passed is declined. The same is dismissed.