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Jeffa v Republic (Miscellaneous Criminal Application E103 of 2022) [2022] KEHC 16693 (KLR) (1 December 2022) (Ruling)
Neutral citation:
[2022] KEHC 16693 (KLR)
Republic of Kenya
Miscellaneous Criminal Application E103 of 2022
A. Ong’injo, J
December 1, 2022
Between
Said Changawa Jeffa
Applicant
and
Republic
Respondent
Ruling
1.The applicant Said Changawa Jeffa was sentenced to serve 20 years imprisonment for the offence of defilement contrary to section 8 (1) as read with section 8 (3) of the Sexual Offences Act No 3 of 2006 in Lamu Senior Resident Magistrate’s Court Criminal Case No 469 of 2009 on 2nd March 2, 2011.
2.His appeal to the High Court in Malindi Criminal Appeal No 48 of 2011 and to the Kenya Court of Appeal No 49 of 2017 was dismissed. The applicant now seeks that this court considers his mitigation and reviews the sentence in consideration of the decision of Gikonyo, J in Narok High Court Miscellaneous Criminal Aplication No E014 of 2021, Baragoi Rotiken v Republic where life imprisonment for the offence of defilement under section 8 (1) and (2) of the Sexual Offences Act No 3 of 2006.
3.The applicant has argued that his mitigation was not considered because of the mandatory nature of the penalties in Sexual Offences Act. The applicant has argued that he did not have any criminal record and he was relatively young. He said he had served 13 years of the 20 years and he had been of good reputation.
4.In consideration of the application and the authority relied upon by the applicant, I do find that he has made a case for review of his sentence being he has spent 13 years out of the 20 years in prison and considering he was sentenced to serve the minimum mandatory sentence without consideration of his sentence. The sentence of 20 years is therefore substituted with 15 years imprisonment to take effect from September 14, 2009 when he was first arraigned in court.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 1ST DAY OF DECEMBER 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMs. Kambaga for RespondentApplicant present in person
