Vincent Ijenji v Republic [2021] KEHC 5984 (KLR)
- Court
- High Court of Kenya
- Case number
- 5984
- Citation
- [2021] KEHC 5984 (KLR)
The appeal is dismissed. The conviction and sentence are sound. The appellant failed to satisfy the evidential burden of proof to demonstrate that the complainant deceived him into believing she was over 18 years old.
Facts
The appellant, Vincent Ijenji, was charged with defilement and indecent act with a child. The complainant, AM, was 17 years old at the time of the incident. She was a student and had previously indicated her intention to end the relationship with the appellant. The appellant denied the charges, claiming the act was consensual.
Issues
- Evaluating the evidence and decision
- Defectiveness of charges
- Ingredients of the offence
- Dismissal of defence
- Extraneous issues
Reasoning
The court held that the appellant did not provide sufficient evidence to support his claim that the complainant deceived him into believing she was an adult. The conviction and sentence are upheld.
Outcome
Appeal dismissed
Authorities cited
Legislation (5)
- Sexual Offences Act No. 3 of 2006
- Section 8(1) of the Sexual Offences Act
- Section 8(4) of the Sexual Offences Act
- Section 11(1) of the Sexual Offences Act
- Section 42 of the Sexual Offences Act
Cases cited (1)
- Irene Ochieng –vs- Republic [2017] eKLR
Loading judgment…