Susa v Republic (Criminal Appeal 193 of 2017) [2023] KECA 1413 (KLR) (24 November 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 1413
- Citation
- [2023] KECA 1413 (KLR)
- Decided
- 24 November 2023
We set aside the life sentence and substitute a term of twenty-five (25) years imprisonment to run from the date the appellant was first sentenced.
Facts
The appellant, Daniel Akweza Susa, was charged with delement contrary to section 8(1) of the Sexual Offences Act No. 3 of 2006 and an alternative charge of committing an indecent act with a child contrary to section 11(1) of the same Act. The appellant pleaded not guilty and was found guilty by the trial magistrate.
Issues
- The legality of the sentence imposed by the trial magistrate
- The constitutionality of mandatory minimum sentences in the Sexual Offences Act
Reasoning
The court found the sentence imposed by the trial magistrate to be excessive and unconstitutional due to mandatory minimum sentences in the Sexual Offences Act. The court considers both aggravating and mitigating factors and the lack of discretion in the lower courts.
Outcome
Appeal partly succeeds
Orders
- Set aside the life sentence and substitute a term of twenty-five (25) years imprisonment
Authorities cited
Legislation (2)
- Sexual Offences Act No. 3 of 2006
- Criminal Procedure Code
Cases cited (3)
- Francis Karioko Muruatetu & Anor vs. Republic [2017] eKLR
- Maingi & 5 Others vs. Director of Public Prosecutions & Another (Petition E017 of 2021) [2022] KEHC 13118 (KLR)
- Joshua Gichuki vs. Republic, Criminal Appeal No. 84 of 2015 (Unreported)
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