Manyura v Republic (Criminal Appeal 116 of 2020) [2025] KECA 995 (KLR) (30 May 2025) (Judgment)

Facts

The appellant, Philip Otwoma Manyura, was charged with delement and indecent act with a child under the Sexual Offences Act. He was found guilty and sentenced to life imprisonment. He appealed on sentence, challenging the minimum mandatory nature of the sentence and the period spent in remand custody.

Issues

1. Whether the learned Judge erred in not making a finding that the minimum mandatory nature of the sentence provided under Section 8(3) of the Sexual Offences Act is unconstitutional.
2. Whether the learned Judge failed to take into account the period spent by the appellant in remand custody, pursuant to Section 333(2) of the Criminal Procedure Code.

Reasoning

The Supreme Court's decision in R vs. Mwangi (2024) determined that mandatory minimum sentences under the Sexual Offences Act are lawful. The appellant's appeal on sentence succeeds due to the failure to consider the period spent in remand custody.

Outcome

The sentence of twenty (20) years imprisonment is affirmed and directed to be computed from the date of arrest.

Authorities cited