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According to the law, a person who commits a sexual offence against a child should be imprisoned for at least 15 years. [File, Standard]
Chief Justice Nominee Justice Martha Koome has told a parliamentary committee vetting her she will not support a proposal to lower the age of consent to 16 years.
Appearing before the Justice and Legal Affairs Committee (JLAC) of the National Assembly on Thursday for vetting, Koome cited the rising cases of early marriages arguing it would be counterproductive to lower the age of consent.
“There is no hurry to lower the age that is internationally recognized, which is at 18 when we all want our children to be in school and we are against rising cases of early marriages,” she said.
The judges, on the other hand, ruled that Cheruta s defense that was majorly pegged on the constitutionality of the death sentence he was handed was not sufficient.
“While it is true that the Supreme Court in the Francis Karioko Muruatetu vs Republic ruled that the mandatory aspect of the death sentence was unconstitutional as it denies the court discretion in sentencing, it did not outlaw the sentence,” said the judges.
They nonetheless observed that the sentence could only be imposed in appropriate circumstances.
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The judges ruled that Chiruta was involved in a robbery and a victim was shot dead in cold blood. In the circumstances, the death sentence that was imposed on him was appropriate.”
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Lady Justice Roselyn Nambuye of the Court of Appeal. [George Njunge, Standard]
The search for Kenya’s next Chief Justice and Supreme Court judge is now unimpeded after the Court of Appeal overturned a lower court’s ruling which stopped the exercise last week.
The Appellate Court said Tuesday that the High Court erroneously issued the order stopping the process without determining whether it had jurisdiction to hear the matter.
Justices Roselyn Nambuye, Patrick Kiage and Sankale Ole Kantai noted that the Judicial Service Commission (JSC) and the Attorney General (AG) lodged a strong case with a high probability of success.
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Lawyers Anita Masaki, Danstan Omar, Shadrack Wambui and Litty Kathurima for defendant Memba Ocharo attend the appeal case hearing virtually yesterday. [Collins Kweyu, Standard]
The fate of 10 candidates seeking to be Chief Justice will be known today as the Judicial Service Commission (JSC) puts up a brave fight to have orders that stopped it from concluding the process lifted.
The commission, in its submission before the Court of Appeal, argued that the order issued by High Court judges Anthony Mrima, Reuben Nyakundi and Wilfrida Okwany was wrong, unjustified and likely to plunge the country into a constitutional crisis.