Supreme Court upholds mandatory sentence for sexual offences in Kenya

NAIROBI, Kenya, Jul 12 –  The Supreme Court has upheld the constitutionality of mandatory minimum sentences prescribed by the Sexual Offences Act, overturning a decision by the Court of Appeal that had reduced the sentence for  one Joshua Gichuki Mwangi, convicted of defiling a 15-year-old minor.

In its ruling, the Supreme Court criticized the Court of Appeal for assuming jurisdiction over constitutional matters not initially raised at the High Court level. The five-judge bench emphasized that the appellate court had disregarded the principle of stare decisis (a legal principle of determining points in litigation according to precedent) by revising Mwangi’s sentence from 20 years to 15 years.

“The respondent, who had been released, must serve the remainder of his sentence from the date of conviction by the trial court,” the Supreme Court ruled.

Mwangi’s case originated from charges filed in March 2011 for defilement, stemming from an incident in Mathira West District where he was accused of assaulting a 15-year-old girl. He was initially sentenced to 20 years in prison by a Karatina court, a decision upheld by the High Court but later reduced by the Court of Appeal.

The Directorate of Public Prosecutions (DPP) appealed the Court of Appeal’s decision, arguing that it exceeded its jurisdiction and violated legal principles, including stare decisis and the separation of powers doctrine. The DPP contended that mandatory minimum sentences under the Sexual Offences Act are constitutional and do not infringe on judicial discretion.

The Supreme Court’s decision reaffirms the validity of mandatory minimum sentences under the law, underscoring the importance of adhering to legal precedents and respecting the division of powers within the judiciary.