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…The Supreme Court on 06.12.2024 upheld the Court of Appeal’s determination on Liability but set aside the award of damages.…

…Further, it was contended that this court lacked jurisdiction to review the operative judgment of the Supreme Court.…

…In the case of Republic –v- Joshua Gichuki Mwangi Supreme Court of Kenya Petition No. E018/2023 affirmed the legality of mandatory sentences under the Sexual Offences Act.…

…Artcle 163 (7) of the Constitution of Kenya 2010 codifies this doctrine by providing that all decisions of the Supreme Court are binding upon the other Courts below it. 23.…

…sexual offences. 37.The Supreme Court held: “56.…

…Given the Supreme Court’s binding precedent, we cannot interfere with that sentence whatever our views on the extenuating circumstances.” 14.…

…sexual offences. 37.The Supreme Court held: “56.…

…Given the Supreme Court’s binding precedent, we cannot interfere with that sentence whatever our views on the extenuating circumstances.” 14.…

…sexual offences. 37.The Supreme Court held: “56.…

…Given the Supreme Court’s binding precedent, we cannot interfere with that sentence whatever our views on the extenuating circumstances.” 14.…

…He appreciates that the sentence under section 8(3) of the SOA is a minimum of 20 years imprisonment but argues that mandatory minimum sentences were declared unconstitutional by the Supreme Court and therefore null and void…

…However, by the clarification made by the same Supreme Court in its subsequent directions given in Muruatetu & Another v Republic; Katiba Institute & 4 others (Amicus Curiae) (Petition 15 & 16 of 2015) [2021] KESC 31 (KLR…

…On sentence, the Respondent relied on Republic v Joshua Mwangi, Initiative of Strategic Litigation in Africa (ISLA) & 2 Others, Supreme Court Petition No.…

…That clarification was subsequently applied and reaffirmed by the Supreme Court in Republic v Joshua Mwangi, Initiative of Strategic Litigation in Africa (ISLA) & 2 Others (supra). 37.…

…In that case, the Supreme Court considered the effect of its decision in Francis Karioko Muruatetu & Another v Republic on sentences prescribed under the Sexual Offences Act.…

…The Supreme Court held that the decision in Muruatetu did not invalidate minimum sentences under the Sexual Offences Act.…

…The appeals have led to the Supreme Court making orders that have had the effect of blaming courts’ exercise of discretion in sentencing in sexual offences cases.…

…The Supreme Court also ordered that the Respondent convict should complete his 20-year sentence from the date of imposition by the trial court. 23.…

…The learned magistrate failed to exercise her duty in considering that the concept of mandatory minimum sentences was declared unconstitutional by the Supreme Court which gave a reprieve for other courts to decide cases on…

…Court.…

…The appellant being dissatisfied with the decision of the Court of Appeal moved to the Supreme Court on appeal. After hearing the parties, the Supreme Court allowed the appeal. 14.…

…In its judgment overturning the decision of the Court of Appeal, the Supreme Court stated: 66.…

…When sentencing him, the trial court relied heavily on the Supreme Court decision in Republic v Joshua Gichuki Mwangi, which upheld the constitutionality of mandatory minimum sentences.…

…In buttressing ground 2,he argues that The Supreme Court held that minimum sentences are constitutional, but also clarified: "Minimum sentences set the floor, not the ceiling.…

…The Supreme Court then gave directions on the application of the said Petition 15 and 16 of 2015 (Francis Kerioko Muruatetu and Another vs Republic) in 2021.…

…The directions from the Supreme Court are binding over the Court of Appeal and their recent pronunciation in the Julius Kitsao case (supra) and James Gichuki were respectfully impugned. 34.…

…The State being dissatisfied with the decision of the Court of Appeal moved to the Supreme Court. After hearing the parties, the Supreme Court allowed the appeal.…

…In its judgment overturning the decision of the Court of Appeal, the Supreme Court stated: 66.…

…The Supreme Court further clarified that courts cannot invoke the Muruatetu reasoning to depart from mandatory minimums prescribed in the Sexual Offences Act.…

…While this Court sympathizes with the Appellant’s personal circumstances, including his family responsibilities and expression of remorse, the Supreme Court in Mwangi made it clear that sentencing courts are not at liberty…

…However, the Supreme Court has since clarified that the case of Muruatetu I applies only in murder cases in the High Court. 11.…

…However, that jurisprudential trajectory was snuffed out by a recent binding decision of the Supreme Court in Republic vs.…

…The matter then went to the Supreme Court. In its judgment overturning the decision of the Court of Appeal, the Supreme Court stated: 66.…

…In saying so, I am guided by the following words of the Supreme Court in the cited decision: 68.…

…the Court of Appeal nor at the High Court, and thus usurping the role of the Legislature by purporting to declare the life sentence as unconstitutional, which the Supreme Court then swiftly reinstated.…

…This was in the case of Republic v Manyeso (Petition E013 of 2024) [2025] KESC 16 (KLR) (11 April 2025) (Judgment) [2025] KESC 16 (KLR) , in which the Supreme Court held as follows: “70.…

…The process of sentencing is important in a trial just as the process leading to the judgment as was held by the Constitutional Court of Uganda in the case of Attorney General v Susan Kigula & 417 Others, Supreme Court of…

…However, by the clarification made by the same Supreme Court in its subsequent directions given in Muruatetu & Another v Republic; Katiba Institute & 4 others (Amicus Curiae) (Petition 15 & 16 of 2015) [2021] KESC 31 (KLR…