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…E018 of 2023 held that sentencing provisions in sexual offences must be interpreted strictly, as the courts lack jurisdiction to amend statutory provisions, which is the role of Parliament.…

…The Court notes that the pleadings filed by the Applicant are poorly structured and do not clearly cite the constitutional or statutory provisions relied upon.…

…That the learned trial magistrate erred in law and fact in failing to comply with statutory provisions to the prejudice of the appellant. viii. That the sentence was manifestly excessive and harsh. 4.…

…That the learned trial magistrate erred in law and fact in failing to comply with statutory provisions to the prejudice of the appellant. viii. That the sentence was manifestly excessive and harsh. 4.…

…identification. 5) Whether the conviction on both counts was proper in law and supported by the evidence on record. 6) Whether the sentence of twenty (20) years’ imprisonment was lawful, proper and in accordance with the applicable statutory…

…provisions. 11.…

…That the learned trial magistrate erred in law and fact in failing to comply with statutory provisions to the prejudice of the appellant. viii. That the sentence was manifestly excessive and harsh. 4.…

…That the learned trial magistrate erred in law and fact in failing to comply with statutory provisions to the prejudice of the appellant. viii. That the sentence was manifestly excessive and harsh. 4.…

…That the learned trial magistrate erred in law and fact in failing to comply with statutory provisions to the prejudice of the appellant. viii. That the sentence was manifestly excessive and harsh. 4.…

…only be made where the interest of justice required it and should not be ordered when it is likely to cause an injustice to accused person” In above case, the Court declared a mistrial on the basis of contravention of the statutory…

…provisions of section 211 of the Criminal Procedure Code and Articles 50 (2) (c) and (g) of the Constitution, stating that “both provision of the law and the Constitution provide the bedrock of fair trial.…

…of its length cannot be a factor in determination whether or not a plea is unequivocal, was a material misdirection and cannot, in our view, reflect the correct legal position in this country having regard to the clear statutory…

…provisions to which we have already alluded.…

…Lastly, it was submitted that the sentence was harsh, excessive and beyond statutory provisions.…

…While the courts have the mandate to interpret the law and where necessary strike out a law for being unconstitutional, this mandate does not extend to legislation or repeal of statutory provisions.…

…While the courts have the mandate to interpret the law and where necessary strike out a law for being unconstitutional, this mandate does not extend to legislation or repeal of statutory provisions.…

…obligates the court to ensure that an accused person is protected from an arbitrary trial and that his case is heard expeditiously, without bias, influence or external pressure with strict adherence to the constitutional and statutory…

…provisions regarding a fair trial.…

…Unless in special circumstances where the statutory provision is declared unconstitutional, court are enjoined to adjudicate based on the said statutory provisions of law.…

…Director of Public Prosecutions & another [2022] KEHC 13118 (KLR) (Odunga, J), as the trial court and this court have no discretion, as our hands are tied by the statutory provisions in the Sexual Offences Act. 10.…

…In light of the evidence presented by the PW5 by way of the certificate of birth P Exhibit 1, the minor was at the material time aged 15 years wherefore the operative statutory provisions in appeal are sections 8 (1) and…

…Unless in special circumstances where the statutory provision is declared unconstitutional, court are enjoined to adjudicate based on the said statutory provisions of law.…

…a. the learned trial magistrate erred in law and in fact in upholding and convicting on a charge that was defective. b. the learned trial magistrate erred in law and in fact in failing to comply with constitutional and statutory…

…provisions. c. the learned trial magistrate erred in law and in fact in basing a conviction on the evidence of a minor without any corroboration and explanation. d. the learned trial magistrate erred in law and in fact in…