Munene v Republic (Criminal Appeal E001 of 2021) [2025] KECA 1375 (KLR) (25 July 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1375
- Citation
- [2025] KECA 1375 (KLR)
- Decided
- 25 July 2025
We find that the evidence shows the appellant was known to the complainant and PW2. The trial court's finding that the appellant was the delement is upheld. The ground of appeal regarding delay in reporting the incident is dismissed. The appellant's challenge to the sentence is without merit.
Facts
The appellant, Benson Keen Munene, was charged with delement contrary to the Sexual Offences Act. The prosecution alleged that he had sexual encounters with a 12-year-old girl, E.K., in 2013 and 2014. The appellant denied the charges.
Issues
- Whether the evidence proves the appellant's guilt of delement
- Whether the delay in reporting the incident undermines the complainant's credibility
- Whether the sentence of 20 years imprisonment is constitutional
Reasoning
The evidence of the complainant and PW2 is credible. The delay in reporting the incident is not unreasonable and does not undermine the complainant's credibility. The sentence is constitutional.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Sexual Offences Act
Cases cited (2)
- Hadson Ali Mwachongo v Republic (2016) eKLR
- Republic v Ayako (2025) KESC 20 (KLR)
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