The Appellant was convicted and sentenced to serve 10 years imprisonment for the offence of defilement contrary to Section 3(1)(a) & (c) as read with Section 3(2) of the Sexual Offences Act on his own plea of guilty.
The particulars of the offence were that the Appellant on 21st July 2022 at around 09.00hours at Nyabinga village, Uriri Sub-County in Migori County intentionally caused his penis to penetrate the vagina of J. M without her consent.
The Appellant was aggrieved by the conviction and sentence and he filed the appeal herein vide Petition of Appeal filed on 31st July 2023 on the following grounds:
(a) That the Trial Court erred in both law and facts by failing to comply with Article 50 (2) (g) & (h) of the Constitution.
(b) That the Trial Magistrate erred in both law and fact by not observing that the ingredients of the offence herein were not proved to the required standard in law.
Reasons wherefore:
The Appellant prayed that the appeal be allowed, conviction quashed and sentence set aside.
This Appeal was canvassed by way of written submissions.
The Appellant in his written submissions filed on 9th June, 25 said his appeal was against sentence only. He said he is due to complete his prison term on 5th April 2029 and requested the court to consider reducing the sentence of 10 years as it is excessive and harsh in the circumstances. He said he had learnt his mistakes and was now a changed person after undergoing a very good reform process at the prison and pledged to be a law abiding citizen given another chance to live outside prison.
The Appellant submitted that he regretted committing a totally unacceptable act and he was remorseful and begged for courts mercy. The Appellant prayed that his sentence be reduced on humanitarian grounds.
The Respondent filed brief submissions dated 10th June 2025 and opposed the appeal on the ground the sentence was lawful and the appeal should be dismissed. The court was invited to note that when the Appellant was committing the offence he was armed and he threatened to kill the Complainant if she disclosed the incident.
This court has considered the appeal and find that the sentence provided for under Section 3(2) of the Sexual Offences Act is a minimum of 10 years imprisonment. The Trial Magistrate did not consider the aggravating fact that the Appellant was armed with a knife at the time he ambushed and raped the Complainant to enhance the sentence as is allowed. The Appellant was sentenced to serve 10 years on 2nd August 2022 and still remains with substantial period to serve for this court to consider him for review of his sentence. He did not attach any testimonials as to his reform and will be required to continue serving his sentence as it is lawful. This appeal lacks merit and the same is dismissed.
Right of Appeal 14 days.
Dated, Signed and Delivered at Migori this 27th day of June, 2025
The particulars of the offence were that the Appellant on 21st July 2022 at around 09.00hours at Nyabinga village, Uriri Sub-County in Migori County intentionally caused his penis to penetrate the vagina of J. M without her consent.
The Appellant was aggrieved by the conviction and sentence and he filed the appeal herein vide Petition of Appeal filed on 31st July 2023 on the following grounds:
(a) That the Trial Court erred in both law and facts by failing to comply with Article 50 (2) (g) & (h) of the Constitution.
(b) That the Trial Magistrate erred in both law and fact by not observing that the ingredients of the offence herein were not proved to the required standard in law.
Reasons wherefore:
The Appellant prayed that the appeal be allowed, conviction quashed and sentence set aside.
This Appeal was canvassed by way of written submissions.
The Appellant in his written submissions filed on 9th June, 25 said his appeal was against sentence only. He said he is due to complete his prison term on 5th April 2029 and requested the court to consider reducing the sentence of 10 years as it is excessive and harsh in the circumstances. He said he had learnt his mistakes and was now a changed person after undergoing a very good reform process at the prison and pledged to be a law abiding citizen given another chance to live outside prison.
The Appellant submitted that he regretted committing a totally unacceptable act and he was remorseful and begged for courts mercy. The Appellant prayed that his sentence be reduced on humanitarian grounds.
The Respondent filed brief submissions dated 10th June 2025 and opposed the appeal on the ground the sentence was lawful and the appeal should be dismissed. The court was invited to note that when the Appellant was committing the offence he was armed and he threatened to kill the Complainant if she disclosed the incident.
This court has considered the appeal and find that the sentence provided for under Section 3(2) of the Sexual Offences Act is a minimum of 10 years imprisonment. The Trial Magistrate did not consider the aggravating fact that the Appellant was armed with a knife at the time he ambushed and raped the Complainant to enhance the sentence as is allowed. The Appellant was sentenced to serve 10 years on 2nd August 2022 and still remains with substantial period to serve for this court to consider him for review of his sentence. He did not attach any testimonials as to his reform and will be required to continue serving his sentence as it is lawful. This appeal lacks merit and the same is dismissed.
Right of Appeal 14 days.
Dated, Signed and Delivered at Migori this 27th day of June, 2025