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The accused was charged with defilement of a 15-year-old and an alternative count of indecent act with a child. The court accepted proof of age and penetration but acquitted him because identification as the perpetrator was not proved beyond reasonable doubt.
The Malaba court convicted Augustine Okumu Muyonga of defilement of a child aged about four, finding age, penetration and identification proven, and rejecting his delay and land-dispute defences.
On first appeal, the High Court at Marsabit upheld a conviction for defilement of a 17-year-old, finding penetration, age and identification proved beyond reasonable doubt, and upheld the statutory 15-year sentence.
High Court dismissed a defilement appeal, upholding a 20-year sentence where a 15-year-old's evidence was corroborated by medical reports and the appellant's late alibi was found weak.
The High Court at Eldoret dismissed a first appeal against conviction for defilement of a 10-year-old boy, finding age, penetration and identification proved beyond reasonable doubt.
Makokha v Republic (Criminal Appeal E035 of 2025) [2026] KEHC 10264 (KLR) (22 May 2026) (Judgment)
The appeal failed because the prosecution proved the three required ingredients of defilement: the child’s age through an age assessment report placing her at 8 years, penetration through medical evidence showing inflamed swollen labia, lacerations and a freshly torn hymen, and identification of the appellant through the complainant’s recognition of him by his alias and neighbourhood presence. The alibi was raised late at defence stage and was treated as an afterthought. The sentence was lawful under section 8(2) of the Sexual Offences Act because the complainant was below 11 years, and no vi…
Source excerpt
The Bungoma Magistrate's Court convicted Duncan Wanjala Wanyela of defilement of a 15-year-old girl under section 8(1) as read with 8(3) of the Sexual Offences Act, relying on age proof, medical evidence and recognition.
High Court dismissed a criminal appeal against a defilement conviction of an seven-year-old boy and the mandatory life sentence, finding age, penetration and identity proved.
On first appeal, the High Court upheld a defilement conviction as safe but reduced the sentence from twenty to fifteen years, crediting time spent in custody during trial.
On first appeal, the High Court quashed a defilement conviction, finding the complainant's evidence on identity and frequency of incidents too inconsistent to support it.
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