Case ID:162382

Paul Nganga Chege v Republic [2020] eKLR

Case Metadata

Case Number:

Criminal Appeal 57 of 2019

Parties:

Paul Nganga Chege v Republic

Date Delivered:

30 Jul 2020

Case Class:

Criminal

Court:

High Court at Nakuru

Case Action:

Ruling

Judge(s):

Rachel Biomondo Ngetich

Citation:

Paul Nganga Chege v Republic [2020] eKLR

Advocates:

Rita for the State

Case History:

Being an Appeal from the Judgment/Decree and Orders of Hon E. Kelly Senior Resident Magistrate dated 6th day of August 2019 in Nakuru Court Criminal Case No. 141 of 2017

Court Division:

Criminal

County:

Nakuru

Advocates:

Rita for the State

History Docket No:

Criminal Case 141 of 2017

History Magistrate:

on E. Kelly Senior Resident Magistrate

History Advocates:

One party or some parties represented

History County:

Nakuru

Case Outcome:

Appeal dismissed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

CRIMINAL APPEAL NO. 57 OF 2019

PAUL NGANGA CHEGE..........APPELLANT

VERSUS

REPUBLIC...........................RESPONDENT

(Being an Appeal from the Judgment/Decree and Orders of Hon E. Kelly Senior Resident Magistrate dated 6

th

day of August 2019 in Nakuru Court Criminal Case No. 141 of 2017)

RULING

1. The appellant was charged with the offence of

defilement contrary to Section 8(1) as read with subsection (3) of the Sexual Offences Act No.3 of 2006

. Particulars were that on 7

th

July 2017 in Mirangine Sub County within Nyandarua County accused intentionally and unlawfully did cause his genital organ namely penis to penetrate genital organ namely vagina of

GW

a child aged 13 years which caused penetration.

2. The appellant was also charged with alternative charge of

indecent with a child contrary to

Section 11(1) of the Sexual Offences Act No.3 of 2006

. The particulars are that on 7

th

July 2017 in Mirangine Sub County within Nyandarua County unlawfully and intentionally touched the vagina of

GWM

a child age 13 years with his hands.

3. The appellant pleaded not guilty; the case proceeded for full trial. He was convicted of the main charge and sentenced to 10 years’ imprisonment. Being dissatisfied with the determination of the trial Court, the appellant filed this appeal challenging both conviction and sentence. However, when this appeal came up for hearing on 15

th

July 2020, the appellant decided to withdraw the appeal on both conviction and sentence and urged the Court to consider the period he was in remand in computation of sentence imposed. He said he was in remand for 2 years before the matter was concluded in the trial Court.

4. I take note of the fact that the appellant was convicted of

defilement of a girl age 13 years.

This falls under

Section 8 (3) of the Sexual Offences Act

which provide sentences for defilement of a child aged between 12 and 15 years. The section provides for a minimum sentence of 20 years’ imprisonment. The sentence imposed against the appellant herein was 10 years. This way below the minimum sentence provided. I believe the trial magistrate was guided by the decision of the Supreme Court in the case of

Muruatetu

which declared mandatory minimum sentences unconstitutional. By imposing half the minimum sentence provided by statute I believe she must have taken into consideration circumstances of this case including the fact that the appellant was in remand for the 2 years the case proceeded for hearing.

5. In view sentence imposed was very lenient and I decline to interfere. Application to compute the 2 years’ remand period in the sentence imposed is not allowed.

6. FINAL ORDERS

1. Appeal is hereby marked as withdrawn.

2. Applicant to compute remand period in the sentence is hereby dismissed.

Ruling dated, signed and delivered via zoom at Nakuru This 30

th

day of July, 2020

……………………

RACHEL NGETICH

JUDGE

In the presence of:

Jeniffer - Court Assistant

Rita for State

Appellant in person