Owiti v Republic (Criminal Appeal 268 of 2019) [2026] KECA 608 (KLR) (13 March 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 608
- Citation
- [2026] KECA 608 (KLR)
- Decided
- 13 March 2026
The Court of Appeal dismissed the appeal, finding that the issues raised were not properly before the court due to the appellant not raising them in the lower courts.
Facts
The appellant was charged with delement and indecent act with a child, both contrary to the Sexual Offences Act. The complainant testified that the appellant approached her, held her hand, and asked her to accompany him to his house, where he allegedly committed indecent acts with her.
Issues
- Whether the charge as drafted was fatally defective.
- Whether voire dire was conducted.
- Whether the prosecution established the elements of the offence of delement beyond any reasonable doubt.
- Whether the prosecution failed to avail material witnesses.
- Whether the appellant’s sentence was unlawful, harsh and excessive, in the circumstances of the case.
Reasoning
The Court of Appeal cited AT v Republic (Criminal Appeal 63 of 2022) [2023] KECA 1393 (KLR) (24 November 2023) (Judgment) to explain that it would be improper to interfere with decisions of the trial court or the first appellate court on matters not raised before the said courts.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Sexual Offences Act
- Criminal Procedure Act
Cases cited (1)
- AT v Republic (Criminal Appeal 63 of 2022) [2023] KECA 1393 (KLR) (24 November 2023) (Judgment)
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