https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8550

Wanjiru v Republic (Criminal Appeal E030 of 2023) [2026] KEHC 8550 (KLR) (3 June 2026) (Judgment) Neutral citation: [2026] KEHC 8550 (KLR) Republic of Kenya In the High Court at Murang'a Criminal Appeal E030 of 2023 DKN Magare, J June 3, 2026 Between Patrick Maina Wanjiru Appellant and Republic Respondent (Being an appeal from the conviction and sentence of the Hon. J. Irura (SPM) given on 8.03.2022 in Kigumo MCSO E045 of 2021) Judgment 1.This appeal arises from the conviction and sentence of the Hon. J. Irura (SPM) given on 8.03.2022 in Kigumo MCSO E045 of 2021. 2.The Appellant was charged with defilement contrary to Section 8(1) & (2) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence were that the Appellant, on the night of 16.06.2021 at [Particulars Withheld] village, Wempa location of Murang’a County intentionally caused his penis to penetrate the vagina and anus AWM, a child aged 9 years and 10 months. 3.The Appellant was charged an alternative charge of an indecent act with a minor contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence were that the Appellant, on the night of 16.06.2021 at [Particulars Withheld] village, Wempa location of Murang’a County intentionally touched the vagina and anus AWM, a child aged 9 years and 10 months with his penis. 4.The Appellant was arraigned in court on 21.06.2021 and pleaded not guilty. The matter was placed before the court on 08.09.2021. A hearing date was given for 24.11.2021. The appellant was not ready and the matter was placed for hearing on 8.03.2022. On the hearing date, the appellant indicated that he wanted to change plea. The charges were read to the appellant in Kiswahili, which he answered as follows:a.Count I - Ni kwelib.Count II - Ni kweli 5.The prosecutor then read all facts, which he stated that the facts as stated by the prosecutor are true. The appellant was convicted on his own plea of guilty. In mitigation, he stated that I pray for leniency. He stated that he was under influence of drugs. The appellant filed his appeal on 23.01.2023. The decision was made on 08.03.2022, while the appeal was filed on 24.1.2023. No leave was granted to file the appeal out of time. The appellant was granted right of appeal of 14 days. However, he filed an appeal after 10 months. He did not bother to seek leave. 6.It is unclear how this appeal came to be as it is filed 10 months out of time. Secondly, the appeal is on conviction only, and the conviction is on a plea of guilty. Under section 348 of the Criminal Procedure Code there is no right of appeal in respect of a plea of guilty. The said section posits as follows:No appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted on that plea by a subordinate court, except as to the extent or legality of the sentence. 7.The right of appeal is set out in section 347 of the Criminal Procedure Code as follows:(1)Save as is in this Part provided-(a)A person convicted on a trial held by a subordinate court of the first or second class may appeal to the High Court; and(2)An appeal to the High Court may be on a matter of fact as well as on a matter of law. 8.Whereas the plea of guilty is not absolute, it has to be shown that the. In John Muendo Musau v Republic [2013] KECA 266 (KLR):There is a long line of authority to the effect that the bar to an appeal against a conviction based on a guilty plea is not absolute. The case law was reviewed by the predecessor of this Court in Adan (supra). In Ndede vs Republic [1991] KLR 567 this Court held that the court is not bound to accept the accused person’s admission of the truth of the charge and conviction as there may be an unusual circumstance such as injury to the accused, or the accused is confused or there has been inordinate delay in bringing the accused person to court from the date of arrest. In the appeal before us, we reiterate our satisfaction that the plea of guilty was unequivocal. 9.More poignantly, there is no valid appeal before the court. The time of 14 days to file an appeal is circumscribed in section 349 of the Criminal Procedure Code as follows:An appeal shall be entered within fourteen days of the date of the order or sentence appealed against:Provided that the court to which the appeal is made may for good cause admit an appeal after the period of fourteen days has elapsed, and shall so admit an appeal if it is satisfied that the failure to enter the appeal within that period has been caused by the inability of the appellant or his advocate to obtain a copy of the judgment or order appealed against, and a copy of the record, within a reasonable time of applying to the court therefor. 10.The appellant did not file the appeal within time or seek leave to appeal out of time. There is thus no valid appeal before the court. The appeal lacks merit and is accordingly dismissed. Determination 11.In the upshot, I make the following final orders:a.This appeal is struck outb.File is closed. DELIVERED, DATED AND SIGNED AT NYERI ON THIS 3RD DAY OF JUNE, 2026. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of: -Appellant presentMr. Kihara for the StateCourt Assistant – Martin