Simiyu v Republic (Criminal Appeal E013 of 2022) [2026] KECA 284 (KLR) (13 February 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 284
- Citation
- [2026] KECA 284 (KLR)
- Decided
- 13 February 2026
We uphold the conviction and sentence of life imprisonment. The alibi defense was found to be an afterthought and not sufficient to displace PMJ's evidence. The sentence of life imprisonment is upheld as constitutional.
Facts
Appellant Simiyu was convicted of delement of a 8-year-old girl PMJ on 20th August 2018. PMJ testified that Simiyu entered her house, tied her hands and legs, blocked her mouth, and penetrated her vagina. PMJ's mother and aunt noticed her later that day with difficulty walking and dirty underwear. Simiyu denied being with his friend from 12 to 3 pm but was found at his house on the day of the incident.
Issues
- Validity of alibi defense
- Legality of life imprisonment sentence
Reasoning
The alibi defense was deemed an afterthought and not sufficient to displace PMJ's evidence. The Supreme Court has clarified that life imprisonment remains a lawful punishment and is not invalid.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Sexual Offences Act
- Penal Code
Cases cited (3)
- Francis Karioko Muruatetu & Another v Republic; Katiba Institute & 5 others Amicus Curiae
- Republic v Mwangi; Initiative for Strategic Litigation in Africa (ISLA) & 3 Others
- Republic v Manyeso
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