Nzau v Republic [2022] KEHC 15822 (KLR)

Nzau v Republic (Petition E027 of 2022) [2022] KEHC 15822 (KLR) (1 December 2022) (Judgment)

Neutral citation: [2022] KEHC 15822 (KLR)

Republic of Kenya

In the High Court at Meru

Petition E027 of 2022

TW Cherere, J

December 1, 2022

Between

Francis Musyoka Nzau

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 HCCRA No 78 of 2008 and Criminal Appeal No 78 of 2014 were dismissed on October 22, 2013 and July 9, 2015 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 shows that petitioner was arrested on December 19, 2006 and has been in custody for a cumulative period of 16 years. From the foregoing analysis, I order that the life sentence be and is hereby substituted with a 20-years imprisonment term from December 19, 2006.

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