The High Court upheld SKM’s conviction for defilement and the 20-year sentence, finding the complainant’s evidence credible, corroborated, and sufficient.
The High Court dismissed a criminal appeal against a defilement conviction, finding the complainant was a minor, penetration was proved, and the 15-year sentence lawful.
The High Court dismissed a criminal appeal for indecent act with a child, upheld the conviction, and confirmed a ten-year sentence from the date of conviction.
The Court of Appeal is bound by the Supreme Court's decision in Republic vs. Joshua Gichuki Mwangi, which held that mandatory minimum sentences in the Sexual Offences Act are constitutional and that trial courts have no discretion to impose a sentence below the statutory minimum. Therefore, despite the perceived harshness and unfairness of the mandatory minimum sentence in the specific circumstances of this case, the court is legally obligated to uphold it.
The Court of Appeal held that the prosecution proved the offence of defilement beyond reasonable doubt through medical evidence confirming penetration and circumstantial evidence establishing the appellant's identity as the perpetrator. The Court found that the failure to appoint an intermediary for the minor victim did not prejudice the appellant, as the mother testified as a witness in her own right and not as an intermediary. The Court further held that the prosecution was not required to call every possible witness, only those necessary to establish its case, and the absence of certain wi…
The Court of Appeal found that the prosecution had proved all elements of the offence of defilement beyond reasonable doubt. The age of the complainant was sufficiently established through the charge sheet, oral testimony, and an age assessment report, and any discrepancies in the precise age did not affect the fact that the complainant was a minor under eighteen. The complainant's evidence, corroborated by medical findings and identification of the appellant, was sufficient for conviction under section 124 of the Evidence Act. The Court held that DNA testing was not mandatory under section 3…
Vincent Kiprotich Koech v Republic [2018] KEHC 839 (KLR)
Court
High Court
Case number
Criminal Appeal 30 of 2017
Judge
REA Ougo
The High Court at Kisii dismissed a criminal appeal against a 10-year sentence for indecent act with a child, holding the term was the statutory minimum.
High Court criminal appeal on sentence for preparation to commit a felony under section 308(1) of the Penal Code. The appeal was dismissed, and the seven-year minimum term was upheld.