Moruri v Republic (Miscellaneous Criminal Case E004 of 2026) [2026] KEHC 2850 (KLR) (24 February 2026) (Ruling) Neutral citation: [2026] KEHC 2850 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA MISCELLANEOUS CRIMINAL CASE E004 OF 2026 TW CHERERE, J FEBRUARY 24, 2026 BETWEEN SHADRACK OMWENGA MORURI ............................................... RESPONDENT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Before this Court is the Notice of Motion dated 14th January 2026 in which the Applicant seeks revision of sentence only. 2. The Applicant was charged and convicted in Keroka MCSO E046 of 2023 for the offence of rape contrary to section 3 of the Sexual Offences Act and sentenced to 15 years custodial term. He now urges this Court to revise the sentence. 3. Section 3 of the Sexual Offences Act provides: (1) A person commits the offence termed rape if — (a) he or she intentionally and unlawfully commits an act which causes penetration with his or her genital organs; (b) the other person does not consent to the penetration; or (c) the consent is obtained by force or by means of threats or intimidation of any kind. (2) In this section the term “intentionally and unlawfully” has the meaning assigned to it in section 43 of this Act. (3) A person guilty of an offence under this section is liable upon conviction to imprisonment for a term which shall not be less than ten years but which may be enhanced to imprisonment for life. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2850/eng@2026-02-24 1
page 1 of 2
4. The statutory framework is clear. The offence of rape carries a minimum sentence of ten (10) years imprisonment, with the possibility of enhancement to life imprisonment depending on the circumstances of the case. 5. The power of this Court in revision is limited to correcting illegality, impropriety, or irregularity in the proceedings or sentence. It is not an avenue for rehearing the case on merits or for substituting a lawful sentence merely because an applicant seeks leniency. 6. The sentence imposed by the trial court falls within the parameters provided under section 3(3) of the Sexual Offences Act. There is no demonstration that the trial court acted on wrong principles, overlooked relevant factors, or imposed a sentence outside the law. 7. A lawful sentence that falls within the statutory limits cannot be termed illegal or improper merely because the Applicant considers it harsh. Where Parliament has prescribed a mandatory minimum, the court is bound to give effect to that provision. 8. Having considered the application, I find no illegality, impropriety, or irregularity in the sentence imposed by the trial court. The sentence is lawful. 9. The application for revision of sentence is therefore devoid of merit and is hereby dismissed. DELIVERED AT NYAMIRA THIS 24TH DAY OF FEBRUARY, 2026. WAMAE. T. W. CHERERE JUDGE Appearances; Court Assistant - Hilda. Applicant - Present. For the DPP - Ms. Kiptanui. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2850/eng@2026-02-24 2
page 2 of 2