Mutwiri v Republic [2022] KEHC 15772 (KLR)

Mutwiri v Republic (Petition E015 of 2022) [2022] KEHC 15772 (KLR) (1 December 2022) (Judgment)

Neutral citation: [2022] KEHC 15772 (KLR)

Republic of Kenya

In the High Court at Meru

Petition E015 of 2022

TW Cherere, J

December 1, 2022

Between

Hassan Mutwiri

Petitioner

and

Republic

Respondent

Judgment

1. Petitioner was convicted for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act and was sentenced to life imprisonment.

2. Petitioners’ appeals to the High Court and to the Court of Appeal vide Hassan Mutwiri v Republic [2016] eKLR and Mutwiri v Republic (Criminal Appeal 5 of 2017) [2022] KECA 471 (KLR) (18 March 2022) (Judgment) were dismissed on December 19, 2016 and March 18, 2022 respectively.

3. Applicant seeks resentence for resentence on the grounds among others that he has reformed. Ms Mwaniki, learned counsel for the state did not oppose the Petition.

4. The extent that the Sexual Offences Act prescribe minimum mandatory sentences with no discretion to the trial court to determine the appropriate sentence to impose, falls foul of article 28 of the Constitution which provides that “Every person has inherent dignity and the right to have that dignity respected and protected”.

5. The record does not show when petitioner was arrested but the offence was committed on April 20, 2011. From the foregoing analysis, I order that the life sentence be and is hereby substituted with a 20-years imprisonment term from May 1, 2011.

DELIVERED AT MERU THIS 01ST DAY OF DECEMBER 2022WAMAE. T. W. CHEREREJUDGEIn the presence of-Court Assistant - KinotiApplicant - PresentFor the State - Ms. Mwaniki