Misc. Application No. E001 of 2022 - In re Sentence Review Application (Applicant convicted of incest contrary to section 20(1) of the Sexual Offences Act)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI IN THE MATTER OF MISC. APPLICATION NO. E001 OF 2022 AT NYERI AND IN THE MATTER OF MISC. APPLICATION NO. E001 OF 2022 AT NYERI AND IN THE MATTER OF HCCRA NO. 107 OF 2013 AT NYERI SYLVESTOR WANJAU KARIUKI ..................……………........ ……APPLICANT VERSUS REPUBLIC ............................. ……….........................................RESPONDENT RULING The applicant was convicted in Nyeri incest case contrary to section 20(1) of the Sexual Offences Act and sentenced to 30 years imprisonment in main charge and 20 years imprisonment in the alternative charge of indecent act with a child contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006. The applicant’s prayers are the invocation of section 333(2) of the CPC and to allow his sentence to run concurrently instead of consecutively and from period served in remand from arrest on 13th August. 2012 to the date of conviction 28th August, 2013. I have perused the sentencing notes of the trial magistrate. He sentenced the applicant to serve twenty (20) years imprisonment in respect of count I and 30 years imprisonment in respect of count II. The applicant maintains that offence was from a single transaction. From the respondents written submissions, it is established that upon conviction by the Lower Court the applicant filed appeal No. HCRA No. 107 of 2013 where conviction was confirmed by the High Court and the sentence was upheld. It is instructive to note that at the time the applicant committed the two offences his wife was on her death bed as a result of HIV infection. The applicant was also aware he was suffering from the same disease. MISC. APPLICATION NO. E001 OF 2022 1

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