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…He cited several authorities including Mombasa Constitutional Petition No. 97 of 2021 Edwin Wachira & others v Republic and Constitutional Petition No. E017 of 2021 Phillip Mueke Maingi 7 Others v the DPP.…

…fact of error or misstatement of the date of the arrest of the appellant did not make the arrest improper, and on the allegation of torture, it is submitted that the proper way of addressing such complaints is by way of a constitutional…

…petition.…

…What is before this court is not a Constitutional Petition. I find merit in the preliminary objection; the appeal is struck off, and the appeal file is closed.…

…On the issue whether the Appellant was properly charged, the Respondent relied on the same authority cited by the Appellant, namely, Humphrey Kariuki Ndegwa v Republic, Constitutional Petition No. E495 of 2021.…

…Petition E495 of 2021) [2022] KEHC 11622 (KLR) (Constitutional and Human Rights) (23 May 2022) (Judgment) where the police were deemed not to have the mandate to charge. 51.…

…204 of the Penal Code and does not apply to mandatory or minimum sentences prescribed under the Sexual Offences Act, and further that trial and appellate courts lack jurisdiction, in the absence of a properly instituted constitutional…

…petition, to disregard or re-write sentencing provisions enacted by Parliament.…

…In response to this submission the Respondent submitted that the “appellant can file a Constitutional Petition before the High Court seeking redress for violation of his rights, if at all those allegations are founded”. 26…

…Let me say this – the Supreme Court put it clearly – the appellant has a point but this point must be made within a constitutional petition challenging the legality of those provisions. 57.…

…Republic constitutional petition no. 97 of 2021 held that: …sentencing remains a discretionary power, exercisable by the court and involves the deliberation of the appropriate sentence.…

…The best forum would be in a constitutional petition. The appeal against sentence also fails as the sentence is a lawful sentence as prescribed by law. 12. The upshot is that this appeal is dismissed for lack of merit.…

…That decision arose in the context of a constitutional petition brought after the exhaustion of ordinary appellate remedies, a materially different procedural posture from the present appeal, and its relationship to the binding…

…I make no finding on that question, as it does not arise for determination in this appeal and is, in any event, a matter more appropriately raised, if at all, by way of a separate constitutional petition after the present…

…E018 of 2023, Republic V Joshua Gichuki Mwangi & Others was emphatic on the issue of the mandatory and minimum sentences provided under the Sexual Offences Act and held that until a decision is made on a constitutional petition…

…Instead, the Appellant ought to have considered filing a constitutional petition. 30.…

…The Appellant is at liberty take up a Constitutional Petition to remedy the violation against him. On whether the prosecution failed to call crucial witnesses.…

…In Mbugua & 6 Others v Attorney General & 3 Others (Constitutional Petition E002 & E003 of 2024 (Consolidated)) [2025] KEHC 1248 (KLR) (24 February 2025) , the court held that it was discriminatory to deny persons convicted…

…The Respondent, on the other hand, submitted that the matter before the court is a criminal appeal and not a constitutional petition which would have been best suited to determine the issues of constitutional violations raised…

…It effectively affirmed that minimum sentences under the Sexual Offences Act remain valid and enforceable unless properly challenged in a constitutional petition.…

…Be that as it may, I have considered the submission on the issue and my view is that if that be so, the Appellant is at liberty to file a constitutional petition for breach of his rights.…

…alleging violation of the Appellant’s constitutional rights during the trial are irrelevant having been raised rather belatedly for the first time in this appeal and being brought by way of the appeal instead of a substantive constitutional…

…petition.…

…The appellant relied on the decision in petition No. 5 of 2022 (as consolidated with constitutional petition No. 6 of 2022), Shaban Salim Ramadhan, where the court held that the mandatory nature of the death penalty under…

…If the Appellant is of the view that his rights were beached, then the proper way to enforce his right is by filing of a constitutional petition for the alleged breach of rights.…