Ngicho v Republic (Criminal Appeal E036 of 2022) [2025] KECA 1626 (KLR) (3 October 2025) (Judgment)

Facts

The appellant, Julius Odongo Ngicho, was charged with delement contrary to Section 8(1) of the Sexual Offences Act and alternatively with committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act. The trial court convicted him and sentenced him to life imprisonment.

Issues

1. Unconstitutionality of mandatory life sentence
2. Appropriate application of Section 8(2) or Section 8(3) of the Sexual Offences Act

Reasoning

The age of the victim was 11 years and 10 months at the time of the offence, and the trial court's decision to sentence the appellant to life imprisonment under Section 8(2) of the Sexual Offences Act was upheld. The Supreme Court's recent decision in Republic v Mwangi confirmed the legality of mandatory sentences under the Sexual Offences Act.

Outcome

Appeal dismissed

Authorities cited