JUDGMENT OF THE COURT
A. INTRODUCTION
[1] The appeal before the Court dated 2nd August, 2023 and filed on even date, is premised on Articles 159(2)(d)(e) and 163(4)(b) of the Constitution, Sections 3A, 15A and 21(1) of the Supreme Court Act, Cap 9B Laws of Kenya, and Rules 38(1)(a) and 39 of the Supreme Court Rules, 2020. The Appellant, through the Office of the Director of Public Prosecutions, challenges the Court of Appeal’s decision in which the court held, inter alia that, the imposition of mandatory minimum sentences under the Sexual Offences Act, Cap 63A Laws of Kenya, is unconstitutional.
B. BACKGROUND
[2] On 11th March 2011, the Respondent, Joshua Gichuki Mwangi, was arraigned before the Senior Principal Magistrate’s Court at Karatina and charged in Criminal Case No. 215 of 2011, with the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act. The particulars of the charge were that on 8th March 2011, at Ngorano Location in M…