Kenya Case Law

Mokono v Republic

Mokono v Republic (Criminal Appeal E074 of 2022) [2026] KECA 1415 (KLR) (10 July 2026) (Judgment)

Court

Court of Appeal

Case number

Criminal Appeal E074 of 2022

Judge

["MS Asike-Makhandia", "EC Mwita", "B Ongaya"]

The appeal succeeded because the charge was fatally defective: it alleged the complainant was seven years old yet cited section 8(4) instead of section 8(2) of the Sexual Offences Act, failed to state the precise date of the alleged offence, and those defects prejudiced the appellant’s defence. The mismatch between the charge and the evidence, together with the failure to call crucial witnesses, caused a failure of justice, so the conviction and sentence could not stand.

Source excerpt

• Defilement
• Defective charge sheet
• Particulars of offence
• Age proof in sexual offences
• Penal consequences under sexual offences act
• Appellate review on second appeal

Kimai Ndiema Maru v Republic

Court

Court of Appeal

Case number

Criminal Appeal 120 of 2019

Judge

["DK Musinga", "PO Kiage", "GV Odunga"]

The Court of Appeal quashed Maru’s rape conviction, holding the charge was defective for omitting lack of consent and the evidence did not prove rape beyond reasonable doubt.

• Rape
• Consent
• Defective charge sheet
• Sufficiency of evidence
• Fair trial rights
• Second appeal review