Fwamba v Republic (Criminal Appeal 197 of 2019) [2024] KECA 1815 (KLR) (20 December 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 1815
- Citation
- [2024] KECA 1815 (KLR)
- Decided
- 20 December 2024
The mandatory minimum sentence of 20 years is upheld as it is within the statutory provisions and the trial court took into account the victim's age and injuries.
Facts
The appellant, Christopher Fwamba Sitati, was charged with delement (penetrating a child's vagina) and indecent act with a child. The prosecution alleged that on July 7, 2015, the appellant took the complainant to his house and delemented her. The complainant was pregnant and reported the incident to the police. The appellant denied the charges.
Issues
- constitutionality of mandatory minimum sentence
- weight of evidence
Reasoning
The court found that the mandatory minimum sentence is within the statutory provisions and the trial court considered the victim's age and injuries. The appellant did not challenge the constitutionality of the sentence in the lower courts.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Sexual Offences Act
- Criminal Procedure Code
Cases cited (2)
- Evans Wanjala vs. Republic Criminal Appeal No. 312 of 2018
- Republic vs. Mwangi
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