Law Reform Committee chaired by Hon. Justice Dr Zeija (Principal Judge) seated far right
The Judiciary Technical Advisor, Mr Andrew Khaukha, made a presentation to the Committee giving the background to the Sentencing Guidelines and what the proposals intend to cure.
"...the proposals before you today are proposals for amendment of Practice Direction No.8 of 2013 which is the Constitution sentencing guidelines for Courts of Judicature Practice Direction No.8 of 2013."
He noted that the sole objective of the 2013 Guidelines was to address the inconsistencies and disparities in sentencing by making proposals of introducing starting points and sentencing ranges for capital and non-capital offences.
However, the sentencing disparities and inconsistencies continued to exist and this was largely due to sentencing ranges being so broad/ wide.
The proposed amendments were developed by the Sentencing Committee, chaired by the Principal Judge Emeritus, Hon. Justice Dr Yorokamu Bamwine, and drawing membership from the Supreme Court right to the lower bench.
The Committee was looking at the 2013 Guidelines with a view of harmonizing it with the new Law Revision Act.
The 2013 Guidelines consolidated sentencing principles into one document. They introduced a victim-community-centered approach in the sentencing process. They also introduced a starting point and sentencing ranges, detailing what could be aggravating and mitigating factors.
However, in the process of applying these Guidelines, observations were made that the ranges were too wide and that the starting point was too harsh.
Additionally, it was noted that matters concluded under Plea Bargaining were not part of the Guidelines.
It is against this background that the Sentencing Committee took a study with a view of amending the 2013 Guidelines.
In the proposed amendments, the guidelines have been categorized as more serious, medium, and less serious.
They also outline the starting point and sentencing range for each of the categories and those concluded under Plea Bargaining, among others.
Under the most serious category, where there is a high degree of violence, gangrape, or deliberate infection of HIV/Aids, the sentencing range after conviction following a trial is 20 years imprisonment with the maximum being death.
Under Plea Bargaining, the sentencing range is 13 years to life imprisonment with a minimum term of 25 years.
Under the Medium category, the sentencing range is 10 to 20 years imprisonment. Under Plea Bargaining, the sentencing range is seven to 12 years imprisonment.
In the less serious category, the sentencing range is five to 10 years imprisonment. Under Plea Bargaining, the sentencing range is three to seven years.
In the 2013 Guidelines, the starting point for capital offences was 35 years imprisonment with the maximum sentence being death.
Mr. Khaukha observed the proposals equally introduce sentencing ranges starting points after a full trial and at plea bargaining.
The Principal Judge said they would follow up with the Attorney General to ascertain the status of the Law Revision Act, 2019 that among others provide for when to sentence a convict to life imprisonment or imprisonment for life without the possibility of being released.
Mr. Felix Kyalo Kiteng'e, the Country Representative of the International Development Law Organization, who joined the meeting by video conferencing, pledged his organization’s support to law reform as a means of improving access to justice.
After debating the proposed Guidelines, they will be forwarded to the Rules Committee for consideration.
