TKM v Republic (Miscellaneous Criminal Application E003 of 2025) [2025] KEHC 16581 (KLR) (12 November 2025) (Judgment) Neutral citation: [2025] KEHC 16581 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU MISCELLANEOUS CRIMINAL APPLICATION E003 OF 2025 SM GITHINJI, J NOVEMBER 12, 2025 BETWEEN TKM ........................................................................................................... APPELLANT AND REPUBLIC ............................................................................................ PROSECUTOR JUDGMENT 1. TKM was charged in the Lower Court with the offence of Incest contrary to Section 20 (1) of the sexual Offences Act No. 3 of 2006. 2. The particulars of this offence are that on the 20th day of January, 2014 of [Particulars Withheld] Market, Igoji Location Imenti South District, within Meru County the appellant intentionally and unlawfully caused his penis to penetrate the vagina of WK, a child aged 8 years who to his knowledge was his daughter. 3. In the alternative the appellant faced a charge of indecent act with a child contrary to Section II (1) of the Sexual Offence Act No. 3 of 2006. The particulars hereof being that on the 4th day of January, 2014 of [Particulars Withheld] Market, Igoji Location in Imenti South District within Meru County, the appellant did an act of indecency with WK a child aged 8 years by touching her private parts namely vagina with his penis. 4. The trial court heard the case fully and found the accused guilty of the offence in the main count. He was convicted of it and sentenced to serve life imprisonment. He preferred an appeal which was decided on 29th May, 2018, where the conviction and sentence were affirmed. 5. The convict has now approached this court by way of a petition, challenging the mandatory life imprisonment sentence imposed against him. The petition is anchored on the Supreme Court decision of Francis Karioki Muruatetu and Another v Republic [2017]eKLR. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16581/eng@2025-11-12 1
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6. The respondent opposed the application via affidavit sworn on 13th October, 2025. 7. The Supreme Court clarified that Muruatetu [2017] applies only to the Mandatory death sentence for Murder, and not to all Mandatory sentences. The said decision does not therefore have an effect on a Mandatory sentence under Sexual Offences Act No. 3 of 2006. 8. The meted out sentence of life imprisonment was affirmed by a court of concurrent jurisdiction and this court lacks jurisdiction to review or alter the said sentence. This court is therefore functus officio having affirmed the conviction and sentence. 9. For the forgoing reasons the petition lacks merit and is hereby dismissed. DATED AND DELIVERED AT MERU THIS 12TH DAY OF NOVEMBER, 2025 S.M. GITHINJI JUDGE Appearances:Petitioner – Present in Embu prison. Ms. Adhi for the state. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16581/eng@2025-11-12 2
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