REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIBERA PETITION NO. E012 OF 2026 HARRISON NGUGI KINYANJUI.………………………..........PETITIONER VERSUS REPUBLIC……………………………………………………..…RESPONDENT RULING. 1. Before the trial court, the Petitioner was charged with, tried and convicted of the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to life imprisonment. His first appeal, Nairobi Criminal Appeal No. 488 of 2008, and his subsequent appeal, Court of Appeal Criminal Appeal No. 60 of 2020, were both dismissed in their entirety. 2. The Petitioner has filed the present undated application seeking review of sentence. He contends that the mandatory nature of the sentence prescribed under the Sexual Offences Act is unconstitutional. He states that he has exhausted all appellate avenues and now invokes sections 216 and 329 of the Criminal Procedure Code, Cap. 75, Laws of Kenya, urging the Court to consider his mitigation and substitute the life sentence with a definite term of imprisonment. 3. I have considered the application, the grounds in support, the record and the applicable law. 4. The record shows that the Petitioner was lawfully convicted and sentenced to life imprisonment in accordance with the law then applicable. He has now served nineteen (19) years' imprisonment Page 1 of 2
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and seeks substitution of the life sentence with a definite custodial term. 5. Having considered the application, the grounds advanced, the Petitioner's mitigation, the period already served, the gravity of the offence and the injuries inflicted upon the complainant, together with the authorities relied upon by the Petitioner, I am not persuaded that any basis has been established to warrant interference with the sentence. The sentence imposed was lawful and remains appropriate in the circumstances of the case. 6. Accordingly, I find the application devoid of merit and dismiss it in its entirety. Orders accordingly. Ruling dated and delivered virtually this 13 th day of July 2026 _______________ D. KAVEDZA JUDGE In the presence of: Petitioner Present Mutuma for the Respondent Karimi Court Assistant. Page 2 of 2
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