Otoro v Republic (Criminal Appeal 142 of 2018) [2023] KECA 585 (KLR) (12 May 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 585
- Citation
- [2023] KECA 585 (KLR)
- Decided
- 12 May 2023
The appellant was properly convicted on the charge of delement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act. The sentence is reduced to ten (10) years imprisonment.
Facts
The appellant, Duncan Onyango Otoro, was charged with delement of a girl contrary to section 8(1) of the Sexual Offences Act No 3 of 2006. The charge sheet was amended to include an alternative charge of committing an indecent act with a child. The appellant pleaded not guilty and was convicted and sentenced to 20 years imprisonment.
Issues
- The appellate court's decision to uphold the conviction and sentence based on a defective charge
- The appellant's claim that he was not given an opportunity to be heard on the amended charge
- The prosecution's failure to call a crucial witness, Seline Atieno Ogola, who could have testified on how both the appellant and the complainant were arrested
Reasoning
The appellate court found the appellant's claim of not being heard on the amended charge unavailing. The court also noted the unconstitutionality of mandatory minimum sentences and the extenuating circumstances of the case.
Outcome
The appeal is dismissed and the appellant is sentenced to ten (10) years imprisonment.
Authorities cited
Legislation (1)
- Sexual Offences Act No 3 of 2006
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