Nderitu v Republic (Criminal Appeal 123 of 2017) [2025] KECA 2187 (KLR) (11 December 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 2187
- Citation
- [2025] KECA 2187 (KLR)
- Decided
- 11 December 2025
We allow the appeal by quashing the conviction and setting aside the sentence. The appellant shall be set free forthwith unless otherwise lawfully held.
Facts
The appellant, John Ngunjiri Nderitu, was charged with delement contrary to section 8(1)(3) of the Sexual Offences Act. The child, EW, aged 14, alleged that the appellant intentionally caused his penis to penetrate her vagina between December 15 and 31, 2015. The child's mother reported the incident to the police, and the appellant was arrested. The child was found to be pregnant, and DNA tests confirmed the appellant's paternity.
Issues
- Whether the appellant was accorded a fair trial
- Whether a retrial is necessary given the appellant's long period in custody
Reasoning
The court found that the appellant did not receive a fair trial due to his long period in custody and the lack of proper legal representation. The court concluded that ordering a retrial would not be in the best interest of justice and the appellant.
Outcome
Appeal allowed, conviction and sentence quashed
Orders
- The appellant shall be set free forthwith unless otherwise lawfully held
Authorities cited
Legislation (1)
- Criminal Procedure Code
Cases cited (2)
- Martin Bahati Makoha & Another vs. Republic
- Muiruri vs. Republic
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