Tandara v Republic (Criminal Appeal E013 of 2024) [2026] KECA 324 (KLR) (27 February 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 324
- Citation
- [2026] KECA 324 (KLR)
- Decided
- 27 February 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from a conviction and sentence upheld by the High CourtCoramG. Dulu, P. Nyamweya
Holding
The appeal is dismissed in its entirety.
Facts
The appellant, Jackson Kirigha Tandara, was charged with delement contrary to Section 8(1) of the Sexual Offences Act. He was found guilty and sentenced to 20 years in prison.
Issues
- Proper procedure of voire dire examination for the minor complainant
- Establishment of physical primary penetration
- Right to legal representation
Reasoning
The court found no merit in the appeal, noting that the trial court conducted a proper voire dire examination, the complainant was competent to testify, and the appellant's right to legal representation was not violated.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed in its entirety.
Authorities cited
Legislation (4)
- Sexual Offences Act
- Criminal Procedure Code
- Evidence Act
- Oaths and Statutory Declarations Act
Cases cited (7)
- Samuel Wahini Ngugi v Republic
- Maripett Loonkomok v Republic
- Lomaisia v Republic
- Owuor v Republic
- Charles Maina Gitonga v Republic
- Jackson Kalenga v Republic
- Alex Kipchirchir Kiptoo v Republic
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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