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High Court dismisses appeal against defilement conviction of a 16-year-old complainant, upholding a 15-year sentence on proof of age, penetration, and recognition evidence.
On first appeal, the High Court upheld a conviction for defilement of an 8-year-old child and the mandatory life sentence under Section 8(2) of the Sexual Offences Act, finding age, penetration and identification proved.
The High Court dismissed a first appeal against a defilement conviction and 15-year mandatory minimum sentence, holding that age, penetration and identity were proven.
The High Court dismissed a first appeal against conviction and a ten-year sentence for attempted defilement of a 13-year-old, finding age, identity and overt acts were proved beyond reasonable doubt.
Koech v Republic (Criminal Appeal E063 of 2022) [2026] KEHC 13077 (KLR) (11 August 2026) (Judgment)
The appeal failed because the evidence established all elements of robbery with violence through armed group attack and actual violence, and the complainant's and other witnesses' evidence showed reliable recognition of the appellant by appearance, clothing, dreadlocks, voice and the circumstances of the attack. The rape charge was also proved by the victim's direct testimony and surrounding evidence despite the medical and identification objections. The omission of some witnesses and the investigating officer did not weaken the case, the defence was considered and rejected as a denial, and t…
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Kela v Republic (Criminal Appeal E016 of 2024) [2026] KECA 1569 (KLR) (31 July 2026) (Judgment)
The appellant pleaded guilty and narrowed the dispute to sentence only. On a second appeal, the Court’s jurisdiction was limited to questions of law. The sentence of 15 years imprisonment was lawful, and the appellant failed to show any illegality or improper exercise of discretion by the trial court or the High Court. There was therefore no basis for appellate interference.
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Republic v Simon & another (Criminal Case E025'B' of 2023) [2026] KEHC 12289 (KLR) (31 July 2026) (Judgment)
The accused persons voluntarily admitted the facts and entered guilty pleas to gang rape. Even accepting the asserted coercion and intoxication, the offence was grave, non-custodial punishment was inappropriate, and the statute required at least fifteen years' imprisonment. The court therefore applied the statutory minimum and credited prior custody from 7 November 2023.
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Nandwa v Republic (Criminal Petition E018 of 2023) [2026] KEHC 12428 (KLR) (31 July 2026) (Ruling)
The court held that although it had jurisdiction to hear the constitutional petition, the challenge to the mandatory life sentence failed because the Supreme Court has upheld the constitutionality of mandatory and minimum sentences under the Sexual Offences Act, and the High Court is bound by stare decisis. The petitioner’s age claim was rejected on the evidence, and Section 333(2) did not apply to an indeterminate life sentence.
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On first appeal, the High Court upheld a conviction for stupefying a 12-year-old child with intent to facilitate defilement under section 27 of the Sexual Offences Act, and affirmed the ten-year sentence.
High Court dismissed a first appeal against conviction and 20-year sentence for defilement of a 16-year-old under the Sexual Offences Act, upholding age, penetration and identity findings.
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