Kenya Case Law

Kariuki v Republic

Kariuki v Republic (Criminal Appeal E035 of 2024) [2026] KECA 1588 (KLR) (31 July 2026) (Judgment)

Court

Court of Appeal

Case number

Criminal Appeal E035 of 2024

Judge

["AK Murgor", "KI Laibuta", "GW Ngenye-Macharia"]

The appeal failed because most grounds were new points raised for the first time before the Court of Appeal and were therefore not entertainable on second appeal, while the sentencing complaint could not succeed since severity of sentence is not a matter for second appeal and the sentence was not shown to be unlawful.

Source excerpt

• Attempted defilement
• Indecent act with a child
• Second appeal
• New issues on appeal
• Sentencing on second appeal
• Mandatory minimum sentence

Lokitesa Lokisa v Republic

Court

Court of Appeal

Case number

Criminal Appeal 64 of 2017

Judge

["EM Githinji", "HM Okwengu", "J Mohammed"]

The Court of Appeal upheld a defilement conviction and 25-year sentence, finding the complainant’s testimony credible, the evidence sufficient, and no basis to interfere.

• Defilement
• Penetration
• Age proof in sexual offences
• Corroboration and victim testimony
• Identification/recognition
• Fair trial

Peter Njeru Wanjiru v Republic

Court

Court of Appeal

Case number

Criminal Appeal 219 of 2008

The Court of Appeal dismissed a second appeal, holding it had no jurisdiction to reduce a sentence where severity of sentence is a matter of fact.

• Defilement
• Sentencing on second appeal
• Jurisdiction of the court of appeal
• Severity of sentence as a matter of fact
• Interference with sentence on appeal
• Criminal-law