Okemwa & another v Republic (Criminal Appeal 98 of 2020) [2026] KECA 183 (KLR) (30 January 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 183
- Citation
- [2026] KECA 183 (KLR)
- Decided
- 30 January 2026
The court found that the appellants were not denied an opportunity to cross-examine the complainant, the oence of gang rape was established beyond reasonable doubt, and the appellants' alibi defense was considered. The court also found that the charge sheet was not defective and the prosecution did not deliberately avoid key witnesses. The court will not interfere with the sentence.
Facts
Denis Okemwa and William Simba were charged with gang rape and indecent act with a child. They were found guilty and sentenced to 30 years in prison.
Issues
- whether the appellants were accorded an opportunity to cross-examine the complainant
- whether the oence of gang rape was established beyond reasonable doubt
- whether the appellants' alibi defense was considered
- whether the charge sheet was defective
- whether the prosecution deliberately avoided to avail key witnesses
- whether there is any basis for this Court to interfere with the sentence
Reasoning
The court reviewed the evidence and arguments presented before the trial court and escalated to the first appellate court. The appellants were not denied an opportunity to cross-examine the complainant, and the oence of gang rape was established beyond reasonable doubt.
Outcome
Affirmed
Authorities cited
Legislation (1)
- Sexual Offences Act
Cases cited (2)
- Ashok Kumar vs State of Haryana
- Alfayo Gombe Okello vs Republic
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