Mbaka v Republic (Criminal Appeal 5A of 2020) [2026] KECA 299 (KLR) (13 February 2026) (Judgment)

Facts

The appellant Dominic Mogere Mbaka was tried for delement contrary to Section 8(1) of the Sexual Offences Act, causing his penis to penetrate the vagina of a 6-year-old girl, J.A.O1.

Issues

1. Severity of the sentence imposed
2. Mandate of the Court of Appeal on second appeals

Reasoning

The Court of Appeal held that the severity of the sentence is a matter of fact and not a legal issue open for consideration on second appeal. The Court also stated that the Court of Appeal's jurisdiction is limited to matters of law and cannot interfere with the decision of the High Court on facts unless it is shown that the trial court and the first appellate court considered matters they ought not to have considered.

Outcome

Appeal dismissed

Authorities cited