FO v Republic [2019] KECA 277 (KLR)
- Court
- Court of Appeal
- Case number
- 277
- Citation
- [2019] KECA 277 (KLR)
The conviction and sentence for defilement are upheld, but the mandatory life sentence is set aside and replaced with a 20-year sentence.
Facts
The appellant was charged with defilement and indecent act with a child. The prosecution alleged that the appellant defiled a 6-year-old girl named FN between November 2011 and March 2012. FN testified that the appellant had defiled her multiple times, and PW1 reported the incident to the police.
Issues
- Whether the conviction and sentence for defilement were supported by evidence
- Whether the mandatory life sentence was appropriate and fair
Reasoning
The court found the evidence of the prosecution sufficient to convict the appellant. However, the mandatory life sentence was deemed harsh and unjust, and was therefore set aside.
Outcome
Appeal dismissed in part, conviction and sentence for defilement upheld, but mandatory life sentence replaced with 20-year sentence.
Authorities cited
Legislation (3)
- Sexual Offences Act
- Evidence Act
- Penal Code
Cases cited (3)
- Francis Karioko Muruatetu & another – v- Republic [2017] eKLR
- Christopher Ochieng – v- R [2018] eKLR
- Jared Koita Injiri – v- R, Kisumu Criminal Appeal No. 93 of 2014 (Ur)
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