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Nyangoro v Republic [2024] KEHC 13291 (KLR)
High Court appeal in a defilement conviction was dismissed after the court found age, penetration, and identity proved, and upheld the 20-year sentence.
G O A v Republic [2018] KEHC 6736 (KLR)
The High Court, as the first appellate court, independently evaluated the evidence and found that the prosecution had proved all the essential ingredients of the offence of defilement beyond reasonable doubt. The age of the complainant was established at 13 years through an age assessment report. Penetration was proved by the complainant's testimony, corroborated by medical evidence of lacerations, a missing hymen, and the removal of a condom from the complainant's vagina. The identity of the appellant as the perpetrator was not in doubt, as he was the only adult present with the complainant…
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JM v Republic [2017] KEHC 4859 (KLR)
High Court quashed a defilement conviction after finding evidential gaps, a problematic voire dire, and failure to call a crucial witness. It also held the prison sentence for a minor was unlawful.
Wycliffe Sacher Lokape v Republic [2017] KEHC 8044 (KLR)
The court found that the prosecution had established the offence of defilement against the appellant beyond reasonable doubt. The complainant's evidence was corroborated by her mother and the circumstances, and the law does not require the complainant to be found with the accused at the time of arrest. The appellant did not demonstrate any prejudice from not receiving witness statements, nor did he request them. The evidence relied upon was not hearsay, as the complainant testified directly. The sentence of 15 years imprisonment was lawful under the Sexual Offences Act. The grounds of appeal…
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JNM v REPUBLIC [2013] KEHC 3537 (KLR)
The High Court quashed a judgment-stage incest conviction, finding the charge had been unlawfully substituted. It upheld guilt for committing an indecent act with a child and imposed 20 years.
MBO v Republic [2010] KECA 468 (KLR)
The Court of Appeal held that the quashing of the main charge of defilement did not render the evidence adduced in support of that charge inadmissible for the purposes of considering alternative counts. The evidence could be examined to determine if it supported a minor and cognate offence, such as indecent assault. The court found that the evidence on record proved the alternative counts of indecent assault beyond reasonable doubt. The court also held that the omission of the word 'unlawful' in the particulars of the charge did not occasion a failure of justice and was curable under section…
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