REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAPENGURIA CRIMINAL DIVISION MISCELLANEOUS CRIMINAL APPLICATION NUMBER 3 OF 2019 PETER LOMOKETILO LOSABU........................APPLICANT VERSUS REPUBLIC.............................................................RESPONDENT CORAM: LADY JUSTICE RUTH N. SITATI RULING 1. Upon reading the application as filed and upon hearing parties’ submissions on the same, I find that the applicant’s application for review of sentence is not merited. In the first place, the sentence passed by the Trial Court is a lawful sentence. The sentence is also a strict sentence. 2 .Further, sentencing under the Sexual Offences Act, No. 3 of 2006, is still the subject of debate and until the debate is concluded, this court shall not interfere with the sentence imposed by the Trial Court and confirmed by both the High Court and the Court of Appeal. 3. The application is hereby dismissed. Ruling delivered, dated and signed in open court here at Kapenguria on this 12th Day of March, 2019. RUTH N. SITATI JUDGE In the Presence of:Applicant – present in person. Ms Kiptoo for State Mr. Juma - Court Assistant
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