Omollo v Republic (Criminal Appeal 60 of 2020) [2025] KECA 982 (KLR) (30 May 2025) (Judgment)

Facts

The appellant, Joseph Owino Omolo, was charged with delement contrary to section 8(1) of the Sexual Offences Act and an alternative charge of committing an indecent act with a child. The appellant was convicted and sentenced to life imprisonment. He appealed to the High Court, which affirmed the decision.

Issues

1. Whether the term sentence of 75 years is less severe to a life imprisonment sentence.
2. Whether the Court of Appeal has jurisdiction to interfere with the sentence as affirmed by the High Court.

Reasoning

The Court of Appeal upholds the sentence as affirmed by the High Court, citing the Supreme Court's decisions in Mwangi v Republic and Nyamari v State, which hold that mandatory minimum sentences under the Sexual Offences Act are constitutional and that the Court of Appeal has no jurisdiction to interfere with such sentences.

Outcome

Appeal dismissed

Authorities cited