On Wednesday 1st March 2023, the Court marked the suit in Solomon Ngatia and 387 Others v The Director of Public Prosecution & another; FIDA-Kenya (1st Interested Party); Katiba Institute and others (amicus curiae) as withdrawn. This followed the Petitioners agreeing to withdraw their petition challenging the constitutionality of the mandatory minimum sentences under the Sexual Offences Act, 2006.
The Petitioners agreed to withdraw their petition after being informed that the question of the constitutionality of the mandatory minimum sentences in the context of sexual offences had been determined by both the High Court and the Court of Appeal, and was now awaiting the outcome of an application filed by the Director of Public Prosecutions in R v Joshua Gichuki Mwangi COA Criminal Application No E001 of 2022. In that application, the DPP asks that the Court certify the question of constitutionality of the mandatory minimum sentences as a matter of general public importance. If successful, this will allow the DPP to appeal the decision Joshua Gichuki v Republic Criminal Appeal No 84 of 2015 which stated that the mandatory minimum sentences in section 8 of the Sexual Offences Act.
Given the previous decisions of the High Court and the Court of Appeal, 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in futility for this Court to render a decision in matter before a higher court, and therefore marked the suit as withdrawn.
KELIN and Women’s Link Worldwide, were admitted as joint amici curiae on 14 February 2022,to provide information on the interaction of vulnerable and marginalised communities (women and girls) with the justice systems, the development of legal standards for the protection of women and girls and the state’s due diligence obligation to punish perpetrators of sexual violence.
KELIN and Women’s Link Worldwide shall await the decision of the Court of Appeal in R v Joshua Gichuki Mwangi.
To contribute to the discussions on this forum, follow KELIN on our social media platforms: Twitter: @KELINkenya
Facebook: http://www.facebook.com/kelinkenya
Instagram: kelinkenya
For more information, contact:
Nyokabi Njogu
Advocate for KELIN and WLW
Kuwinda Lane, off Lang’ata Road, Karen C
P.O. Box 112 – 00202 KNH Nairobi
Tel: +254 020 2515790
Office Mobile: +254 790 111 578
