Mikokho v Republic (Criminal Appeal E032 of 2020) [2025] KECA 205 (KLR) (7 February 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 205
- Citation
- [2025] KECA 205 (KLR)
- Decided
- 7 February 2025
AI Summary
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TypeCriminal AppealPostureAppeal from the High Court's conviction and sentenceCoramHANNAH OKWENGU, H. A. OMONDI, JOEL NGUGI
Holding
The sentence imposed on the appellant is lawful and in accordance with the provisions of the Sexual Offences Act. The period spent in custody while awaiting trial shall be considered in computing the sentence.
Facts
The appellant, Abel Jomo Mikokho, was charged with delement contrary to Section 8(1) of the Sexual Offences Act. He was convicted and sentenced to 20 years imprisonment by the trial court and the High Court.
Issues
- constitutionality of the mandatory minimum sentence
- failure to consider the victim's age
- failure to invoke Section 333(2) of the CPC
- failure to consider mitigation
Reasoning
The Court of Appeal dismissed the appeal as the sentence was lawful and in accordance with the law. The appellant's argument on the constitutionality of the mandatory minimum sentence was not raised before the High Court and is therefore not considered.
Outcome
Appeal dismissed
Orders
- The sentence imposed on the appellant shall remain undisturbed
Authorities cited
Legislation (2)
- Sexual Offences Act
- Criminal Procedure Code
Cases cited (1)
- PW v. Republic (Criminal Appeal 199 of 2019)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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