Justice George Odunga
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The High Court has declared the mandatory minimum sentence in the Sexual Offences Act unconstitutional.
In a ruling on Tuesday, Justice George Odunga said the court should be allowed to exercise its discretion while sentencing those convicted of sexual offences and not impose the mandatory minimum sentence.
“The perpetrators of the said offences must be condemned by all means. However, the sentences to be imposed must meet the constitutional dictates,” Justice Odunga said.
Justice Odunga made the ruling in a case filed by six convicts serving sentences under the Sexual Offences Acts. The petitioners included Philip Mueke Maingi, Nathan Khaembe Makokha, Peter Thanga Kago, Simon Nganga Thengi, Mwangangi Muthui, and Joseph Kamau Wakaba.
The six petitioners argued that mandatory minimum sentences are unjust and unfair as the discretion of the judges and magistrates has been taken away.
They averred that the Sexual Offences Act should be amended to give judges and magistrates the discretion to decide on the appropriate punishment with regard to the unique circumstances of each case before them.
Justice Odunga agreed with the petitioners, noting that courts are at liberty to impose sentences prescribed thereunder so long as the same is not deemed to be the mandatory minimum prescribed sentences.
The judge said sexual offenders who were previously sentenced based on the mandatory minimum sentence are at liberty to petition the High Court for orders of resentencing.
The Sexual Offences Act, 2006 states that a person who commits an offence of defilement with a child aged 11 years or less shall upon conviction be sentenced to imprisonment for life.
Comments
Who is this ugly idiot.
If you defile a minor, you deserve life imprisonment or plainly death period.
Cant agree more.....they should be castrated and then have life imprisonment. TRAUMATIC ENCOUNETER WITH INNOCENT OF THE INNOCENT. Shameless Judge!
A small chat with the FIRING SQUAD should be the minimum sentence for defilement and looting of public funds.
Why dont they ask traumatized women for opinions? Women bear the brunt of trauma caused by rape, 99.99% perpetuated by men.
To me it is unconscionable, to entertain the idea that circumstances should dictate the degree of rape.We get on a slippery slope when we start saying that you get punished less when you rape a woman dressed in a mini skirt,and more for a women who says no but is naked...You get my drift.
The problem here is putting the burden of "behavior" on women,and yet they are the victims.In other words women should conduct themselves well...The burden should be on the rapists/men. Men should learn not to rape women.Period.
We should also refrain from thinking that our learned comrades always make better decisions on all matters.In my opinion, women collectively should make decisions on how rapists should be punished.I think men have been a little lenient on male rapists.May be that might change when homosexual men start raping heterosexual men.What say you people?
Judges who potentially derive sexual pleasure as victims narrate their ordeals.Both male and female judges are known to exhibit this mental sexual feeling. Don't blame Odunga, he is one of the kind. Woe unto to you if they hear your case.