Kasanga v Republic (Criminal Appeal 6 of 2020) [2025] KECA 693 (KLR) (11 April 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 693
- Citation
- [2025] KECA 693 (KLR)
- Decided
- 11 April 2025
We find that the prosecution proved the offence of sexual assault. The sentence imposed is not excessive and does not violate sections 216 and 329 of the Criminal Procedure Code.
Facts
The appellant, Mwanga Kasanga, was charged with delement contrary to section 8(1) of the Sexual Offences Act for allegedly causing his penis to penetrate the vagina of PKL, a 6-year-old child, on February 18, 2015. The appellant was convicted of sexual assault and sentenced to 25 years in prison. He appealed to the High Court, which dismissed his appeal.
Issues
- Whether the trial court erred in convicting the appellant of sexual assault.
- Whether the sentence imposed was just, excessive, and violated sections 216 and 329 of the Criminal Procedure Code.
Reasoning
The court found that the prosecution's evidence was sufficient to prove the offence of sexual assault. The sentence imposed was not excessive and did not violate the cited sections of the Criminal Procedure Code.
Outcome
Appeal dismissed in its entirety.
Authorities cited
Legislation (2)
- Sexual Offences Act
- Criminal Procedure Code
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