No. 289/2014 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS Criminal Appeal No. 89 Of 2013 Obedi Kilonzi Kevevo ...................................................Appellant Versus Republic ....................................................................Respondent (Being an appeal from the original conviction and sentence in Makindu Principal Magistrate’s Court Criminal Case No. 178 of 2013 by Hon. M.O. Kizito , PM on 18/2/13) JUDGMENT 1. The appellant was charged with the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act No. 3 of 2006. Particulars thereof being that on the 10th day of February, 2013 in Kibwezi District within Makueni County, intentionally and unlawfully caused his male organ namely penis to penetrate the vagina of M M, a child aged 13 years. 2. In the alternative count the appellant was charged with Indecent Act contrary to Section 11(1) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence being that on the 10th day of February, 2013, in Kibwezi District within Makueni County, intentionally and unlawfully touched the vagina of M M, a child aged 13 years. 3. He pleaded guilty to the main charge. He was convicted and sentenced to serve twenty (20) years imprisonment. 4. Being aggrieved by the decision of the court in his Supplementary Grounds of Appeal he states that the sentence meted out was harsh and that the trial magistrate failed to appreciate that having admitted the charge he had commenced rehabilitation process. 5. Opposing the appeal, the learned Assistant Director of Public Prosecution, Mr. Gikonyo stated that the sentence meted out was within the law as statute provided for a sentence of a term not less than twenty (20) years. 6. Being a first Appellate Court my duty is to re- consider the sentence and ascertain if it was proportionate to the offence committed. 7. The appellant admitted having caused his penis to penetrate the vagina of a child aged 13 years. 8. According to Section 8(3) of the Sexual Offences Act, 2006 any person who commits such an offence is liable to imprisonment for a term of not less than twenty (20) years. 9. This is the minimum prescribed sentence for the offence committed. It was incumbent upon the
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court to impose the sentence as prescribed. The trial court properly directed itself in the circumstances. Therefore the appeal on sentence has no merit. 10.It is dismissed. DATED, SIGNED and DELIVERED at MACHAKOS this 27TH day of MAY, 2014 L.N. MUTENDE JUDGE
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