Oruwo v Republic (Criminal Appeal 138 of 2019) [2025] KECA 66 (KLR) (24 January 2025) (Judgment)

Facts

The appellant, Joseph Ombure Oruwo, was charged with delement (penetrating a child's vagina) and indecent act with a child under the Sexual Offences Act. The complainant, MA, testified that the appellant took her to his house and engaged in sexual acts with her. The trial court convicted and sentenced the appellant to life imprisonment.

Issues

1. Whether the mandatory life sentence under section 8(2) of the Sexual Offences Act is unconstitutional and whether the court has discretion to impose a lesser sentence.
2. Whether the appellant's appeal was properly preserved for review.

Reasoning

The court dismissed the appeal, stating that the mandatory life sentence is constitutional and the court has no discretion to impose a lesser sentence. The appellant's appeal was not properly preserved for review.

Outcome

Appeal dismissed

Authorities cited