REPUBLIC OF KENYA IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT OF KENYA AT MALABA SEXUAL OFFENCE CASE NO. 61 OF 2023 REPUBLIC……………………………………………………………..……….. …..PROSECUTOR VERSUS EDWIN MALENYA………………….……………………….……………. PERSON ACCUSED RULING ON SENTENCE. The accused was convicted of the offence of sexual assault following a full trial. The Court has considered his mitigation, the pre-sentence report, the circumstances of the offence, and the applicable law. In mitigation, the accused maintains his innocence and asks the Court to exercise leniency, citing his financial obligations and the fact that he is the breadwinner of his family. The Court has taken those matters into account. However, personal circumstances, though relevant, must be balanced against the seriousness of the offence and the objectives of sentencing. The pre-sentence report indicates that the accused has not accepted responsibility for the offence of which he has been convicted. The report also reflects concerns regarding the welfare of the child and recommends the imposition of a custodial sentence. While the child is reported to have expressed a wish that her father return home, the Court must determine an appropriate sentence based on the law, the circumstances of the offence, the interests of the victim, and the public interest. The offence was committed against a child by her father. The relationship between a parent and child is one founded on trust, care and protection. The abuse of that position of trust is a significant aggravating factor. Children are entitled to safety and protection within their homes, and where an offender exploits a parental relationship to commit a sexual offence, the seriousness of the conduct is heightened. The Court has also considered that the accused has shown no remorse and continues to deny responsibility notwithstanding his conviction. While an accused person is entitled to maintain his innocence, the absence of remorse is a relevant consideration in assessing his prospects for rehabilitation. Ruling Sexual Offence Case No. 61 of 2023 1 Hon. A.Z Ogange-R.M pg.
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The Court has borne in mind the objectives of sentencing, namely punishment, deterrence, rehabilitation, protection of the victim and other vulnerable members of society, accountability, and the denunciation of unlawful conduct. Having weighed the aggravating and mitigating circumstances, the Court is satisfied that a custodial sentence is appropriate. The offence carries a statutory minimum sentence of ten (10) years' imprisonment. Having considered all the circumstances of this case, the Court finds that the minimum sentence prescribed by law is appropriate. Accordingly, the accused is sentenced to ten (10) years' imprisonment. In accordance with section 333(2) of the Criminal Procedure Code, the period spent in lawful custody shall be taken into account. The sentence shall therefore run from 9th July 2026, the date the accused was first remanded in custody. Orders accordingly. 14days Right of Appeal. RULING DATED, SIGNED AND DELIVERED IN OPEN COURT AT MALABA SENIOR PRINCIPAL MAGISTRATES COURT THIS 6 TH DAY OF AUGUST, 2026. In the Presence of Edwin Malenya the Accused Person present in Person Mr. Rotich- Prosecution Counsel Court Assistant: Paul Otieno A.Z. OGANGE RESIDENT MAGISTRATE 06.08.2026 Ruling Sexual Offence Case No. 61 of 2023 2 Hon. A.Z Ogange-R.M pg.
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