Nairobi, April 14 -- A fresh court battle has erupted over whether judges should retain discretion when sentencing sexual offenders, with a petitioner seeking to scrap mandatory minimum penalties under the Sexual Offences Act.

The petition, filed by Jonathan Obwogi, asks the High Court to declare the fixed minimum sentences unconstitutional and allow courts to impose lesser penalties based on the individual circumstances of each case.

The contested mandatory minimum sentences include life imprisonment for defilement of a child aged below 11 years, at least 20 years for defilement of a child aged between 12 and 15, and a minimum of 15 years for those aged 16 to 18.

The law also prescribes at least 10 years' imprisonment for rape and sex...