• Presenting his plea before Judge Reuben Nyakundi of the High Court at Eldoret, the convict added that he was ready to be integrated back into the society.
• He also urged the court to consider the period he has spent in remand and further prayed for a lenient sentence.
Image: FILE
On July 10, 2020, Samwel Sitati defiled a 16-year-old and four days later, he was arrested and arraigned in court.
Fast forward to June 10, 2021, the trial Magistrate convicted him and sentenced him to 10 years' imprisonment.
Sitati is now fighting to have his sentence reviewed in that the remainder of his jail term is commuted to non-custodial sentence.
Legal Information Institute defines commuting a sentence as the power to substitute a sentence imposed by the judiciary for a lesser sentence.
A non-custodial sentence is an alternative to a prison sentence including a fine or community service.
Sitati moved to court arguing that he is now a reformed, remorseful and rehabilitated man.
Presenting his plea before Judge Reuben Nyakundi of the High Court at Eldoret, the convict added that he was ready to be integrated back into the society.
He also urged the court to consider the period he has spent in remand and further prayed for a lenient sentence.
Being a first-time offender, he also argued that sentencing should have the goal of rehabilitating the offenders and therefore should be treated with compassion and understanding.
The court deliberated on the arguments and found that the trial court had taken into account that Sitati was a first-time offender and the gravity of the offence committed in handing him the sentence.
The law states that non-custodial sentences except fine, are best suited for minor offences and prescribed limited length of sentences.
In his ruling, Judge Nyakundi found that the offence of defilement is "quite grave and serious".
"I take the view that the Applicant (Sitati) herein already benefitted from the trial court's leniency in handing him a 10 years' sentence, for an offence whose prescribed minimum sentence is 15 years imprisonment. He does not deserve a non-custodial sentence," the judge said.
Delivering the judgement on August 7, the judge however noted that Sitati had been in remand for 10 months during trial.
He took this into consideration even as he dismissed the plea for a lenient sentence.
"The Applicant (Sitati) will therefore serve 10 years imprisonment with effect from the date of arrest being 14/7/2020," Judge Nyakundi ruled.