Bwanamkuu v ODPP (Criminal Revision E028 of 2025) [2025] KEHC 14293 (KLR) (8 October 2025) (Ruling) Neutral citation: [2025] KEHC 14293 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT GARSEN CRIMINAL REVISION E028 OF 2025 JN NJAGI, J OCTOBER 8, 2025 BETWEEN SALIM BWANAMKUU ........................................................................... APPLICANT AND THE ODPP ............................................................................................ RESPONDENT RULING 1. The Applicant herein was convicted by a Magistrate’s Court for the ofience of defilement contrary to Section 8(1) as read with of the Sexual Offences Act. He has now filed an undated application seeking for review of sentence. 2. The application is made pursuant to a judgment by the High Court (Odunga J) in the case of Philip Mueke Maingi & 5 others v Republic, Machakos HC Constitutional Petition No 17 of 2021 where the learned judge held that the mandatory sentences under section 8 of the Sexual Offences Act are unconstitutional and therefore that all sexual ofienders who were convicted and sentenced under mandatory minimum penal laws are deserving to have their mitigation taken into account in their sentences. 3. The Respondent did not file a response to the application. 4. I have considered the application. It is my position that the judgment by Odunga J. in the above stated case Philip Mueke is no longer applicable in view of the Supreme Court decision in the case of Republic v Gichuki Mwangi: Imitative for Strategic Litigation in Africa (ISLA and 3 others (amicus curiae) (2024) 34 KLR where the court stated that the mandatory sentences under the Sexual Offences Act are lawful and will remain so as long as the Sexual Offences Act remains in place. This court is bound by the pronouncements of the Supreme Court. In view of the decision by the Supreme Court in the said case, there is no basis for this court to review the fifteen years sentence imposed on the Applicant by the trial court. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14293/eng@2025-10-08 1
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5. In view of the foregoing, if find no merit in the application and the same is thereby dismissed. DELIVERED, DATED AND ISSUED AT GARSEN THIS 8TH DAY OF OCTOBER 2025. J. N. NJAGI JUDGE In the presence of: Ms Mkongo for Respondent Petitioner: Present in GK prison Malindi Court Assistant: Rahma https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14293/eng@2025-10-08 2
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