Eoo v Republic

EOO v Republic (Criminal Revision E011 of 2023) [2024] KEHC 15102 (KLR) (25 November 2024) (Ruling) Neutral citation: [2024] KEHC 15102 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA CRIMINAL REVISION E011 OF 2023 RE ABURILI, J NOVEMBER 25, 2024 BETWEEN EOO ............................................................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant/Convict is EOO. He was sentenced to serve life imprisonment vide Siaya PM SO Case No. 45/2013 on 19/1/2015. The victim of the ofience of Incest charge under Section 20 (1) of the Sexual Ofiences Case was the convict’s niece aged 9 years. 2. The convict appealed vide Siaya HCRA 34/2015 which appeal was heard and determined vide judgment rendered on 28/9/2017 upholding the conviction and affirming the sentence imposed. 3. The convict who is serving life imprisonment term at Naivasha GK Maximum prison now applies for revision of sentence on account that the sentence infringes on his fundamental rights and that he has a degree certificate, trained as a paralegal and attended spiritual courses. That he is reformed and rehabilitated ready for reintegration in the society. 4. I have considered the application for sentence revision dated 23/5/2023, the grounds and supporting affidavit. 5. The sentence imposed was lawful under Section 20 (1) of the Sexual Offences Act. 6. As to the constitutionality or otherwise of the mandatory sentences in Sexual ofiences, the Supreme Court in Petition E018/2023 Republic v. Joshua Gichuki Mwangi [2024] eKLR has clarified that the sentences are lawful and constitutional and that the principles laid down in the Francis Muruatetu I case only apply to murder cases not to all other cases where mandatory or minimum sentences prescribed and imposed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/15102/eng@2024-11-25 1

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