The Supreme Court has upheld mandatory minimum sentences under Sexual Offences Act, rejecting the Court of Appeal's view that it impedes judicial discretion.
The Supreme Court has upheld mandatory minimum sentences under Sexual Offences Act, rejecting the Court of Appeal's view that it impedes judicial discretion.
In its ruling, the apex court faulted the decision by the Court of Appeal and ordered Mwangi to serve the remainder of his prison sentence. It stated that the appellate court violated the principle of stare decisis in scaling down the sentence for the accused person by revising the 20 years sentence to 15 years.
The Directorate of Public Prosecutions appealed the Court of Appeal's decision, arguing that the appellate court had overstepped its jurisdiction and violated several legal principles, including the principle of stare decisis and the separation of powers doctrine.
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