Fredrick Ochieng Aguko v Republic

Aguko v Republic (Criminal Miscellaneous Application E200 of 2025) [2026] KEHC 9732 (KLR) (3 July 2026) (Ruling) Neutral citation: [2026] KEHC 9732 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL MISCELLANEOUS APPLICATION E200 OF 2025 A MABEYA, J JULY 3, 2026 BETWEEN FREDRICK OCHIENG AGUKO ........................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Fredrick Ochieng Aguko “the applicant” was convicted of the ofience of gang rape under section 10 of the Sexual Offences Act No. 3 of 2006. He was sentenced to 15 years’ imprisonment. 2. By an undated Notice of Motion, he has applied that the said sentence be reduced to 10 years or to a least punitive sentence. The grounds for the application are that he is remorseful, he is a bread winner of his family. He left a 1-year child when he was sentenced, who is now 8 years. The long term incarceration will impoverish his family. 3. I have considered the application. It is not clear whether after being convicted and sentenced, the applicant preferred any appeal. What is clear is that the applicant was sentenced to the very minimum sentence provided for in law. Section 10 of the Sexual Offences Act provides: “ Any person who commits the ofience of rape or defilement under this Act in association with another or others, or any person who, with common intention, is in the company of another or others who commit the ofience of rape or defilement is guilty of an ofience termed gang rape and is liable upon conviction to imprisonment for a term of not less fifteen years but which may be enhanced to imprisonment for life.” 4. From the foregoing, the sentence could have gone as high as life imprisonment. The law does not provide for review of sentences in sexual ofiences. That being the case, the Court is bereft of any https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9732/eng@2026-07-03 1

page 1 of 2