Khisa v Republic (Criminal Appeal 262 of 2019) [2025] KECA 486 (KLR) (13 March 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 486
- Citation
- [2025] KECA 486 (KLR)
- Decided
- 13 March 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from the judgment of the High Court of Kenya at Bungoma (Sitati J.) delivered on 21st September 2017CoramAli- Aroni, JUDGE OF APPEAL, Sitati
Holding
We dismiss the appellant’s appeal on both conviction and sentence.
Facts
The appellant, Isaac Busolo Khisa, was charged, tried, and convicted for delement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act. He was sentenced to life imprisonment.
Issues
- the charge sheet did not prescribe the sentence.
- his conviction was based on a non-existing charge in the Sexual Offences Act.
- the three ingredients of the offence were not proved.
- the prosecution evidence was marred by inconsistencies, discrepancies and contradictions.
- the life sentence imposed on him is unconstitutional.
Reasoning
The court dismissed the appeal, finding that the appellant's conviction was based on a non-existing charge and that the prosecution evidence was marred by inconsistencies, discrepancies, and contradictions.
Outcome
Appeal dismissed
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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