Mulumba v Republic [2023] KEHC 25368 (KLR)

Mulumba v Republic (Miscellaneous Application E033 of 2021) [2023] KEHC 25368 (KLR) (14 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25368 (KLR)

Republic of Kenya

In the High Court at Bungoma

Miscellaneous Application E033 of 2021

REA Ougo, J

November 14, 2023

Between

Ronald Induche Mulumba

Applicant

and

Republic

Respondent

Ruling

1. Ronald Induche Mulumba, the applicant, was charged with the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act and sentenced to 20 years imprisonment. He claims that the sentence is harsh and excessive. He seeks that the court exercise mercy and leniency by considering section 333 (2) of the Criminal Procedure Code.

2. He claims that he is remorseful for the offence and he is a first offender he pleads for a second chance. He seeks that the court consider the period spent in remand. He is 30 years old married with 3 children and his parents are very weak and they depend on him. He relies on the following cases; Wycliffe Wangusi Mafura vs. Republic appeal no. 22 of 2016 at Eldoret, Robert Achapa Okello vs. Republic at Kisumu, Paul Odhiambo Mbolla vs Rep in Misc. Application No. 15 of 2019 at Kisumu where the court reduced the sentence to minimum.

3. The application is opposed. Miss Omondi submitted that the victim in the applicant’s case was 10 years old. The law provides for life imprisonment. The sentence was lenient. The court should not disturb the sentence.

4. The applicant is seeking a reduction of his sentence from 20 years. The evidence adduced in the lower court is that the victim was 5 years old. The applicant was caught red-handed defiling the minor by her mother. The child he defiled was of tender years and the law under section 8(2) provides for life imprisonment. 20 years in my view was lenient sentence. The proceedings indicate that the applicant was presented in court on the 22/02/2010, he was released on bond on the 19. 3.2010.

5. Section 333 (2) of the Criminal Procedure Code provides as follows;(2)Subject to the provisions of section 38 of the Penal Code (Cap. 63) every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code. Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody

6. He was on bond from 19. 3.2010 until the date he was sentenced. I find no merit in the application, the sentence was lenient and deserving. The application is dismissed.

DATED, SIGNED AND DELIVERED AT BUNGOMA THIS 14TH DAY OF NOVEMBER 2023. R.E. OUGOJUDGEIn the presence of;Ronald Induche Mulumba/Applicant- PresentMiss Omondi - For the Respondent