SAFARI KENGA WAKO & ANOTHER v REPUBLIC [2009] KEHC 327 (KLR)
- Court
- High Court of Kenya
- Case number
- 327
- Citation
- [2009] KEHC 327 (KLR)
- Decided
- 9 December 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from original convictionCoramH A OMONDI
Holding
The conviction on the alternative charge of indecent assault is quashed, and the appellants are set at liberty.
Facts
V.K.K. was raped by Safari Kenga Wako and Madaraka Said Nyanga on October 22, 2006, and again on October 27, 2006.
Issues
- Whether the trial court erred in convicting the appellants on the alternative charge of indecent assault
- Whether the trial court erred in convicting the appellants on the second count of creating a disturbance in a manner likely to cause a breach of the peace
Reasoning
The evidence was insufficient to sustain the conviction on the alternative charge of indecent assault. The court found that the Sexual Offences Act does not provide for indecent assault on a female, and the medical evidence did not establish any penetration or contact between the complainant and the appellants.
Outcome
Appeal successful, conviction quashed, appellants set at liberty
Orders
- Quash the conviction on the alternative charge of indecent assault
- Order the appellants to be set at liberty
Remedies
- Set at liberty
Authorities cited
Legislation (3)
- Sexual Offences Act No. 3 of 2006
- Penal Code
- Criminal Procedure Code
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.
Loading judgment…