Okoth v Republic [2024] KEHC 15118 (KLR)

Okoth v Republic (Criminal Petition 38 of 2023) [2024] KEHC 15118 (KLR) (22 November 2024) (Ruling)

Neutral citation: [2024] KEHC 15118 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Petition 38 of 2023

RE Aburili, J

November 22, 2024

Between

Luke Omollo Okoth

Applicant

and

Republic

Respondent

Ruling

1. The Petitioner Luke Omollo Okoth is a convict vide Siaya PM Cr. 869/2024 (SO) of the offence of defilement contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act.

2. The victim was 16 years old. The convict was sentenced to serve 15 years imprisonment on 30/7/2018 by Hon. J. Ong’ondo, PM.

3. He now petitions for reduction of sentence stating that he is remorseful and the sentence was harsh, unjust, disproportionate for being mandatory.

4. I have considered the Petition on the strength of the Supreme Court decision in Petition E018/2023 Republic vs. Joshua Gichuki Mwangi, where it was held that the mandatory minimum sentences under the Sexual Offences Act are lawful and constitutional and that the Muruatetu I decision on unconstitutionality of mandatory death sentence only applied to murder cases, I find no merit in this Petition which I hereby dismiss. Signal to issue.

5. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 22NDDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE