Bernard Gitonga Kimbo v Republic [2014] KEHC 2252 (KLR)

Facts

The appellant was charged with defilement and indecent act with a child in 2005, before the Sexual Offences Act came into force. He was convicted and sentenced to 20 years imprisonment. He appealed and the court ordered a retrial. After the retrial, he was again convicted and sentenced to 20 years.

Issues

1. Whether the conviction and sentence should be quashed due to the appellant being charged under a law that did not exist at the time of the offence.
2. Whether a retrial should be ordered considering the appellant's long incarceration and the interests of justice.

Reasoning

The court finds that the appellant was charged under a law that did not exist as of the time of the offence, leading to a miscarriage of justice. The court also considers the interests of justice and the appellant's long incarceration, deciding not to order a retrial.

Outcome

Quashed conviction and sentence, appellant set at liberty

Authorities cited