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Lobuin v Republic [2025] KEHC 1299 (KLR)
The High Court allowed a criminal appeal in a sexual offences case, quashed the convictions and set aside the sentence after finding the evidence unsafe.
Kasaingu v Republic [2025] KEHC 3235 (KLR)
The High Court allowed a criminal appeal, quashed a defilement conviction, set aside a 15-year sentence, and ordered release after finding the case unsafe.
Yan v Republic [2024] KECA 1655 (KLR)
The conviction of the appellant was unsafe and must be quashed because the trial court failed to afford the appellant an opportunity to cross-examine the child complainant (PW1), whose evidence was central to the identification of the perpetrator. This omission violated the appellant's constitutional right to a fair trial under Article 50(2)(k) of the Constitution. Without the complainant's evidence being properly tested through cross-examination, there was insufficient evidence to establish the appellant's identity as the perpetrator beyond reasonable doubt. The medical and documentary evide…
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Wamalwa v Republic [2024] KECA 1201 (KLR)
The Court of Appeal held that, although the voir dire examination of the child complainant was deficient and her testimony could not be considered, there was sufficient corroborative evidence from medical and other witnesses to prove penetration beyond reasonable doubt. The age of the complainant was adequately established through credible oral and documentary evidence. The sentence of life imprisonment was not unconstitutional, as the Supreme Court had recently upheld the constitutionality of mandatory minimum sentences under the Sexual Offences Act. The appellant's challenge to the indeterm…
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NM v Republic [2024] KEHC 8691 (KLR)
The High Court dismissed the appeal against conviction and 15-year sentence for defilement, finding the charge curable, no voire dire was needed, and the evidence proved the offence.
Wambua v Republic [2024] KEHC 1502 (KLR)
The court found that the prosecution proved all elements of the offence of defilement beyond reasonable doubt. The complainant's testimony was credible, detailed, and corroborated by medical and documentary evidence. The trial court properly assessed the complainant's intelligence and understanding, achieving the purpose of voir dire. The charge sheet was not defective as it contained all necessary particulars. The appellant's defence was a mere denial and was outweighed by the prosecution's evidence. The sentence of 20 years imprisonment was lawful and appropriate given the aggravating facto…
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Ojiambo v Republic [2023] KEHC 24201 (KLR)
The High Court found that the trial of the appellant was fundamentally flawed and unconstitutional. First, the complainant, who was 13 years old at the time of testifying, was not a child of tender years and should have given sworn evidence; the trial court's failure to require this rendered the evidence on penetration (a key element of the offence) unsworn and thus inadmissible for conviction. Second, the trial court failed to inform the appellant of his constitutional rights to legal representation and legal aid as required by Article 50(2)(g)(h) of the Constitution and section 43 of the Le…
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Kungu v Republic [2023] KEHC 23523 (KLR)
The High Court found that the prosecution had proved all essential elements of the offence of defilement beyond reasonable doubt. The complainant's age was established through the mother's testimony and an age assessment report. The appellant was positively identified by witnesses, including one who knew him, and forensic evidence linked the appellant to the offence. The court held that the voir dire examination of the child witnesses was properly conducted, as the record showed they understood the distinction between truth and lies and the consequences of lying under oath. On sentencing, the…
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Chege v Republic [2023] KEHC 21905 (KLR)
The High Court found that the trial court properly conducted voire dire examination and administered the oath to the complainant, who was not of tender years at the time of testifying. The prosecution proved the age of the complainant but failed to prove penetration as required for the offence of defilement. Medical evidence only established an old torn hymen, which is not conclusive proof of recent penetration. The evidence adduced did not support the particulars of the alternative charge of committing an indecent act with a child, as the complainant only testified to being touched over her…
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CMM v Republic [2023] KEHC 20025 (KLR)
The High Court dismissed a defilement appeal, upholding conviction and a 20-year sentence after finding the complainant’s age, penetration, identity, and procedure were proved.
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