Robert Njuguna Kamau v Republic

Kamau v Republic (Criminal Revision E038 of 2025) [2025] KEHC 19452 (KLR) (29 July 2025) (Ruling) Neutral citation: [2025] KEHC 19452 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS CRIMINAL REVISION E038 OF 2025 EN MAINA, J JULY 29, 2025 BETWEEN ROBERT NJUGUNA KAMAU ............................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This application was heard by Rayola J, and this is what he stated: “ The Appellant was arraigned in court on 13th July, 2020 and was held in custody until 28th July 2021, when he was sentenced. He spent one year in custody.Pursuant to provisions of Section 333(2) of the Criminal Procedure Code, I direct that this period he spent in remand be included in tabulating his sentence. The sentence of fifteen (15) years will run from the date of judgment 28th July, 2021…..” 2. It is instructive that the trial court had sentenced the Applicant to life imprisonment and had taken into account that he had been in remand custody. That was the minimum sentence prescribed by the law for the offence he was charged with. Nevertheless, that sentence was reduced to fifteen (15) years imprisonment which the Supreme Court has now clarified in several decisions is unlawful. In the case of Republic v Joshua Gichuki Mwangi – Petition No. E018 of 2023 [2024] KESC 34 (KLR) delivered on 12th July 2024 (Judgment) the court stated or held that the minimum sentences under the Sexual offences Act are lawful and should not be reduced by the courts. The Applicant should therefore be happy that his sentence was reduced to imprisonment for fifteen years and stop abusing the process of this court. If he was aggrieved with the sentence meted by Olel J, then he should have appealed to the court of Appeal. 3. The upshot is that his application (undated) lacks merit and so it is dismissed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19452/eng@2025-07-29 1

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