1. The Applicant was charged, convicted and sentenced to life imprisonment for the offence of defilement contrary to Section 8(2) of the Sexual Offences Act No. 3 of 2006 vide a judgment dated 17th April 2008. The Applicant filed an appeal at the High Court at Mombasa through High Court Criminal Appeal No. 4016 of 2007 and subsequently an appeal at the Mombasa Court of Appeal through Criminal Appeal No. 486 of 2010 where the appeal on both conviction and sentence was dismissed by a judgment delivered on 15th March 2012.
2. The Applicant filed the application herein on 30th October 2023 pursuant to Articles 25(a) & (c) of the Constitution, Sections 216, 329, 333(2), 354, and 362 of the Criminal Procedure Code, Section 8(1) as read with 8(2) of the Sexual Offences Act, and the Sentencing Policy Guidelines.
3. The Applicant averred that he has been in the prison facility for a period of over 16 years from the time he was first arraigned in court, that at the point of arrest he was young and had a young family which has suffered tremendously, that he has acquired relevant skills while in prison, and that he is remorseful for his actions.
4. In consideration of the holding in Julius Kitsao Manyeso v Republic (2020) eKLR that life sentence is unconstitutional and in consideration of the Applicant’s mitigation, this court substitutes the life imprisonment sentence with 30 years imprisonment.
5. The Applicant was in remand throughout his trial and his sentence ought to have factored in the remand period. The sentence of 30 years should therefore run from 11th December 2007 when the Applicant was arrested pursuant to Section 333(2) of the Criminal Procedure Code.
Dated, signed and delivered in Open Court/online through MS TEAMS,
This 13th day of June 2024
In the presence of: -
Etropia- Court Assistant
Mr. Ngiri for the Respondent
Applicant present in person
2. The Applicant filed the application herein on 30th October 2023 pursuant to Articles 25(a) & (c) of the Constitution, Sections 216, 329, 333(2), 354, and 362 of the Criminal Procedure Code, Section 8(1) as read with 8(2) of the Sexual Offences Act, and the Sentencing Policy Guidelines.
3. The Applicant averred that he has been in the prison facility for a period of over 16 years from the time he was first arraigned in court, that at the point of arrest he was young and had a young family which has suffered tremendously, that he has acquired relevant skills while in prison, and that he is remorseful for his actions.
4. In consideration of the holding in Julius Kitsao Manyeso v Republic (2020) eKLR that life sentence is unconstitutional and in consideration of the Applicant’s mitigation, this court substitutes the life imprisonment sentence with 30 years imprisonment.
5. The Applicant was in remand throughout his trial and his sentence ought to have factored in the remand period. The sentence of 30 years should therefore run from 11th December 2007 when the Applicant was arrested pursuant to Section 333(2) of the Criminal Procedure Code.
Dated, signed and delivered in Open Court/online through MS TEAMS,
This 13th day of June 2024
In the presence of: -
Etropia- Court Assistant
Mr. Ngiri for the Respondent
Applicant present in person