Maru v Republic (Criminal Appeal 120 of 2019) [2025] KECA 2283 (KLR) (19 December 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 2283
- Citation
- [2025] KECA 2283 (KLR)
- Decided
- 19 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from the High Court of Kenya at BungomaCoramD. K. MUSINGA, P. O. KIAGE, G. V. ODUNGA
Holding
The conviction for rape is quashed and the sentence set aside. The appellant shall be set free.
Facts
The appellant, Kimai Ndiema Maru, was charged with rape on the nights of 17th and 18th December, 2008. The prosecution alleged that he had sexual intercourse with VCK, a 35-year-old maid, without her consent. The appellant denied the charge.
Issues
- Whether the conviction for rape was supported by evidence of unlawful and without consent
- Whether the conviction for attempted rape was supported by evidence of unlawful and without consent
Reasoning
The court held that the particulars of charge did not state that the act of sexual intercourse was unlawful and without consent, thus the conviction for rape was unsustainable. The alternative charge of indecent assault remains open.
Outcome
Quashed and sentence set aside
Orders
- The appellant shall be set free forthwith unless otherwise lawfully held.
Authorities cited
Legislation (2)
- Sexual Offences Act, No. 3 of 2006
- Penal Code
Cases cited (1)
- Daniel Nyareru Achoki vs. Republic [2000] eKLR
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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