Salim Ego Hassan v Republic [2019] KEHC 1244 (KLR)
- Court
- High Court of Kenya
- Case number
- 1244
- Citation
- [2019] KEHC 1244 (KLR)
The Appellant is not a minor and the sentence of 20 years imprisonment is set aside. The Appellant is set at liberty.
Facts
The Appellant was charged with defilement and indecent act with a child. The complainant, F.S.B, alleged that the Appellant had sexual intercourse with her in June 2016. The prosecution called five witnesses, including the complainant and her brother, who testified to the incident.
Issues
- Whether the Appellant was a minor at the time of the offence
- Whether the mandatory minimum sentence under the Sexual Offences Act was appropriate
Reasoning
The Appellant was not a minor at the time of the offence. The mandatory minimum sentence under the Sexual Offences Act takes away judicial discretion, which was evident in the trial court's sentencing. The Court of Appeal considered the circumstances of the case and found the sentence harsh and excessive.
Outcome
Appeal on sentence succeeds, Appellant set at liberty
Orders
- The Appellant is set at liberty
Authorities cited
Legislation (2)
- Sexual Offences Act No. 3 of 2006
- Children’s Act
Cases cited (3)
- Rophas Furaha Ngombo v Republic [2019] eKLR
- Dismas Wafula Kilwake vs. Republic, Criminal Appeal No. 129 of 2014
- Hamisi Mwangeka Mwero v Republic [2018] eKLR
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