Case ID:168470
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Joseph Murimi Wanjiru v Republic [2020] eKLR
Case Metadata
Case Number:
Criminal Petition 27 of 2019
Parties:
Joseph Murimi Wanjiru v Republic
Date Delivered:
17 Dec 2020
Case Class:
Criminal
Court:
High Court at Kerugoya
Case Action:
Judgment
Judge(s):
Janet Nzilani Mulwa
Citation:
Joseph Murimi Wanjiru v Republic [2020] eKLR
Court Division:
Criminal
County:
Kirinyaga
Case Outcome:
Accused sentenced 15 (fifteen) years imprisonment
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 KERUGOYA
CRIMINAL PETITION NO. 27 OF 2019
JOSEPH MURIMI WANJIRU.......APPELLANT
VERSUS
REPUBLIC..................................RESPONDENT
JUDGMENT
1. The Petitioner was charged with the offence of defilement of an Eleven (11) years old girl
Contrary to Section 8(1) and (2) of the Sexual Offences Act.
He was convicted and sentenced to life imprisonment as per the law provided.
The Petitioner filed a
Notice of Motion application
on the 22/10/2019 urging the court to re-consider and reduce his sentence upon his appeal to the High Court having been dismissed.
2. The Petitioner based his arguments and the application on the
Supreme Court of Kenya Petition No. 15 and 16 of 2015 - Francis Korioko & another –v- R (2017) eKRL
which case pronounced that minimum sentences deprived court’s the exercise of discretion in sentencing, and urged for consideration of mitigating factors by the accused person, and imposition of sentences consumerate to the peculiar circumstances in each case.
3. The
Muruatetu
decision 2017 has been held to apply in sexual offences that carry minimum sentences by the Court of Appeal in
Dismas Wafula Kilwake –v- R (2019) eKLR
when reiterated that the reasoning in the
Muruatetu
decision should apply to sexual offences, and since then courts have rendered robust decisions in respect thereof.
4. While reconsidering reduction of the sentences imposed upon the Petitioner, the court must bear in mind that the victim of the offence will forever live with the shame and mental trauma caused to her. In this case, an eight year old girl was violently defiled. She will live with the memories of the events of that day for the rest of her life. –
James Okumu Wasike (2020) eKLR.
5. In his mitigation, the Petitioner stated to have reformed, was remorseful and rehabilitated and ready to be re adapted into the society. While considering reduction of the sentence, the court is guided by the peculiar circumstances of each case and the justice that a crime should be punished in a sentence that is consummate to the offence, and to consider that an excessive sentence does not serve the interests of justice nor of society –
S. V. Mchunu & Another (AR 24/11) (2012) ZAKZPHC6, Kwa Zulu Natal High Court.
6. In the case
Yasmin V. Mohamed (1973) EA 370,
Madan J (as he then was) rendered that
“The High Court is especially endowed with the jurisdiction to safeguard the interests of infants, as the court is the parent of all infants. The welfare of the infants is paramount and it is dear to the heart of the court ------“
7. The
Supreme Court
in the
Francis Muruatetu
case set out the following guidelines with respect to sentencing, in regard to mitigating factors in an application for re-hearing sentence. These are
Age of the offender
Being a first offender
Whether the offender pleaded
Character and guilt record of the offender
Commission of the offence in response to gender – based violence
Remorsefulness of the offender
The possibility of reform and re-adpatation of the offender.
8. Courts have rendered numerous decisions post
Muruatetu
decision in sexual offences.
I have considered the following. In
GM –V- R (2017) eKLR,
a minor aged 9 years was defiled by her father. The offender was sentenced to life imprisonment. On appeal the sentence was substituted with 15 years’ imprisonment.
In
ES –v- R(2018) eKLR,
a victim aged 10 years was defiled. The trial court sentenced the offender to life imprisonment. On Appeal, the sentence was substituted with ten years imprisonment.
In
JMK –vs- R (2019) eKLR,
the victim was 15 years old. The sentence was reduced to 10 years imprisonment.
9. Having considered the circumstances under which the offence was committed and the objectives of sentencing, and the mitigating factors,
I set aside the life imprisonment and substitute it with 15(fifteen) years imprisonment. The sentence shall commence from the date the Petitioner was remanded in custody being the 15/5/2016
.
Orders accordingly.
Dated, signed and Delivered at Kerugoya this 17
th
day of December 2020.
J. N. MULWA
JUDGE