FKM v Republic (Criminal Appeal 130 of 2018) [2025] KECA 24 (KLR) (17 January 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 24
- Citation
- [2025] KECA 24 (KLR)
- Decided
- 17 January 2025
The court found that the prosecution proved that PW2 was 11 years old when the delement occurred, there was penetration, and the identity of the perpetrator was established. The court also found that the prosecution proved the requisite ingredients of delement. The court considered the appellant's defence of intoxication.
Facts
The appellant, FKM, was convicted and sentenced to life imprisonment for delement contrary to Section 8(1) of the Sexual Offences Act. PW2 testified that she was 11 years old and the appellant delemented her in a maize plantation near his home.
Issues
- whether the prosecution proved its case beyond all reasonable doubt
- whether the appellant's defence was considered
- whether the sentence imposed on the appellant was harsh and excessive
Reasoning
The court considered the prosecution's evidence and the appellant's defence. The court found that the prosecution proved the case beyond reasonable doubt and that the appellant's defence was considered.
Outcome
Affirmed
Authorities cited
Legislation (3)
- Sexual Offences Act
- Criminal Procedure Code
- Penal Code
Cases cited (2)
- Karani vs Republic
- Charles Karani vs. Republic, Criminal Appeal No. 72 of 2013
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