• In the case, Kivelenge filed an application on March 7, 2018, seeking review of his sentence.
An 86-year-old man, who was sentenced to 20 years imprisonment for defiling a minor, has been set free by the High Court.
Paul Kivelenge was convicted in 2007 after the court found him guilty of the offence.
Justice Hedwiq Ong’undi considered that Kivelenge was sentenced on November 7, 2007 and had served roughly 12 years.
The judge noted that at 86 years there is no service he is rendering at the prison. He is only sleeping and feeding at State expense. In spite of his past actions, he is an old man whose dignity should be upheld as per the Constitution.
“In the premises, I set aside the applicant’s sentence of 20 years’ imprisonment and substitute it with the period already served. He shall be forthwith released unless lawfully held under a separate warrant,” the judge ruled.
In the case, Kiverenge filed an application on March 7, 2018, seeking review of his sentence.
He was convicted on November, 7, 2007 after a full hearing. He appealed the judgement but it was rejected on November, 13, 2008 by Justice Lenaola.
In his application, he said that he is remorseful for his actions. He asked the court to consider the two years spent in custody as part of his sentence. He claimed to be aged, 85 years as at March, 7, 2018.
The DPP appreciated Kivelenge’s ability to remember many things and his willingness to go and share what he had so far learnt at the prison. He noted that at the time of conviction he was shown to be 74 years of age.
The judge further stated that at the time of conviction said Kivelenge was 74 years old.
“This is a special factor that ought to have been considered by the trial court. It is nowhere stated that it was considered. He is now 86 years old. I have seen his diminishing eye sight and physique when he appeared before this court.”