Akoyo v Republic (Criminal Appeal E014 of 2025) [2026] KEHC 3387 (KLR) (3 March 2026) (Judgment)

Facts

The appellant was charged with delement contrary to Section 8(1) of the Sexual Offences Act and an alternative charge of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act. He was convicted and sentenced to 15 years imprisonment.

Issues

1. Whether the trial court failed to comply with Section 214(i) and (ii) of the Criminal Procedure Code
2. Whether the appellant's right to legal representation was infringed upon
3. Whether the prosecution proved its case beyond reasonable doubt
4. Whether the sentence met the legal standards

Reasoning

The court found that the trial court did not comply with Section 214(i) and (ii) of the Criminal Procedure Code by not informing the appellant of his right to recall witnesses after the amendment of the charge sheet, leading to an unfair trial.

Outcome

Appeal upheld, conviction and sentence set aside

Authorities cited