Wafula v Republic (Criminal Appeal 110 of 2019) [2023] KECA 131 (KLR) (10 February 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 131
- Citation
- [2023] KECA 131 (KLR)
- Decided
- 10 February 2023
The mandatory minimum sentence under section 8(2) of the Sexual Offences Act is unconstitutional. The appeal is allowed only as far as the sentence is concerned, and the sentence is reduced from life to 30 years imprisonment.
Facts
The appellant was charged with delement of a child and indecent act with a child. The prosecution alleged that the appellant intentionally caused his penis to penetrate the vagina of VW, a 9-year-old child, on December 14, 2014. The appellant was convicted and sentenced to life imprisonment.
Issues
- mandatory minimum sentence under Sexual Offences Act unconstitutional
- contradictions in evidence
- appellant's right to a fair trial violated
Reasoning
The prosecution proved the identification of the appellant as the perpetrator and the age of the victim. The mandatory minimum sentence is unconstitutional, but the trial magistrate's sentence is upheld in deserving cases.
Outcome
Appeal allowed, sentence reduced from life to 30 years imprisonment
Authorities cited
Cases cited (4)
- Joshua Gichuki Mwangi v. Republic Criminal Appeal No. 84 of 2015
- Athanus Lijodi v. Republic (2021) eKLR
- Muruatetu's case (Supra)
- Evans Wanjala Wanyonyi v Republic (2019) e KLR
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