Ngetich v Republic (Criminal Petition E008 of 2023) [2025] KEHC 16370 (KLR) (30 October 2025) (Ruling) Neutral citation: [2025] KEHC 16370 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERICHO CRIMINAL PETITION E008 OF 2023 JK SERGON, J OCTOBER 30, 2025 BETWEEN GILBERT NGETICH .............................................................................. PETITIONER AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Gilber Ngetich, the Applicant herein was tried, convicted and sentenced to serve three (3) years on Probation in the Chief Magistrate’s Court for the ofience of defilement Contrary to Section 8 (1) as read with Section 8 (3) of 2006. 2. The Republic Appealed against the sentence imposed and the High Court set aside the sentence imposed by the Chief Magistrate’s Court and substituted it with a sentence of 20 years imprisonment. 3. The Applicant is now before this Court seeking to be resentenced. The applicant cited the decision of the High Court, Petition No.E017 of 2021, Philip Mueke Maingi & 5 Others v Republic in which the Court found the mandatory nature of minimum sentences in the Sexual Offences Act to be unconstitutional. 4. The Republic opposed the Applicant’s Application arguing that the Supreme Court had already pronounced itself stating minimum sentences were not unconstitutional. The Republic urged this Court to find the applicant’s Application to be without merit. 5. Having considered the material placed before this court and having taken into account the rival written submissions, this Court has come to the conclusion that the sentence imposed by this Court on appeal is lawful as prescribed by statute. Under Section 8 (3) of the Sexual Offences Act No.3 of 2006, the minimum sentence prescribed is 15 years imprisonment. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16370/eng@2025-10-30 1
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6. In fact Paragraph 7.17 of the Judiciary Sentencing Policy Guidelines provides that where the law provides mandatory minimum sentence, the Court is bound by those provisions and must not impose a sentence lower than what is prescribed. 7. The Supreme Court of Kenya in Republic v Joshua Gichuki Mwangi [2024] eKLR upheld inter alia the Constitutionality of mandatory minimum sentences in the Sexual Offences Act No.3 of 2006. 8. In the end, this Court finds that the sentence meted out against the Applicant was neither discriminative nor infringed on the Constitutional rights of the Applicant. I further find that the Applicant has failed to establish that his constitutional rights were breached. The Applicant’s Application for re-sentencing filed on 7th June, 2023 is found to be without merit. It is ordered dismissed. DATED, SIGNED AND DELIVERED AT KERICHO THIS 30TH DAY OF OCTOBER, 2025. ............................ J. K. SERGON JUDGE In the Presence of:C/Assistant - Rutoh Prosecutor - Masisa Petitioner - Present in Person https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16370/eng@2025-10-30 2
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