Okoth v Republic (Criminal Appeal 154 of 2019) [2025] KECA 632 (KLR) (4 April 2025) (Judgment)

Facts

The appellant, John Ochichi Okoth, was charged with delement and indecent act with a child under the Sexual Offences Act. The victim, VAO, a 8-year-old girl, testified that the appellant forced her to have sexual intercourse at his house.

Issues

1. whether the courts erred in not weighing conflicting evidence
2. whether the courts erred in not appreciating the appellant's defense
3. whether the mandatory nature of the sentence under the Sexual Offences Act is unconstitutional

Reasoning

The court upholds the conviction and sentence, citing the Supreme Court's recent decision that mandatory minimum sentences are not unconstitutional and that courts have discretion to impose harsher sentences.

Outcome

Appeal dismissed

Authorities cited