Bukanja v Republic (Criminal Appeal 130 of 2018) [2026] KECA 143 (KLR) (30 January 2026) (Judgment)

Facts

The appellant, Godfrey Wanyonyi Bukanya, was charged with and convicted of delement of a girl (inserting his penis into a 13-year-old girl's vagina) in Bungoma County. The prosecution alleged that the appellant took the girl from her brother and led her to a bush, where he delemented her. The appellant denied the charge.

Issues

1. Whether the sentence imposed by the trial court was excessive and harsh
2. Whether the appellant's appeal against the sentence only is valid

Reasoning

The Supreme Court has established that the Court of Appeal's jurisdiction on second appeals is limited to matters of law and cannot interfere with the decision of the High Court on facts unless it was shown that the trial court and the first appellate court considered matters they ought not to have considered, failed to consider matters they should have considered, or were plainly wrong in their decision when considering the evidence as a whole. The sentence meted against the appellant was lawful and the Court of Appeal has no power to interfere with it.

Outcome

Appeal dismissed

Authorities cited