On Tuesday, 14 February 2023 the Petitioners in Solomon Ngatia and 387 Others v The Director of Public Prosecution & another; FIDA-Kenya (1st Interested Party); Katiba Institute and others (amicus curiae) opted to withdraw their petition challenging the constitutionality of the mandatory minimum sentences under the Sexual Offences Act, 2006.
The question of mandatory minimums within the context of sexual offences has come before the High Court in several petitions. Informed by this the Director of Public Prosecution (DPP) has filed an application before the Court of Appeal in R v Joshua Gichuki Mwangi COA Criminal Application No E001 of 2022 seeking that the Court certify the question of constitutionality of the mandatory minimum sentences as a matter of public importance. If successful, this will allow the DPP to appeal the verdict of the decision in Joshua Gichuki v Republic Criminal Appeal No 84 of 2015.
Given that the Court of Appeal shall be ceased with this matter, the Petitioners argued that their case had been overtaken by time and the decision of the Court of Appeal will bind the High Court. Justice G. Nzioka agreed, noting it would be an exercise in futility for this Court to render a decision in matter before a higher court. The Petitioners present in Court were directed to obtain the consent of all the Petitioners and begin the process of withdrawing the matter.
KELIN and Women’s Link Worldwide, were admitted as joint amici curiae on 14 February 2022,to provide insights on the interaction of vulnerable and marginalised communities (women and girls) with legal systems, and the development of legal standards for the protection of women and girls.
KELIN and Women’s Link Worldwide shall await the decision of the Court of Appeal in R v Joshua Gichuki Mwangi.
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