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Julius Kipsang Langat v. Republic

(2020) JELR 100469 (CA)

Court of Appeal  •  Criminal Appeal 41 of 2016  •  7 Aug 2020  •  Kenya

Hannah Magondi Okwengu, Daniel Kiio Musinga, Stephen Gatembu Kairu



[1] The appellant herein was tried and convicted by the Resident Magistrates’ Court at Kilgoris for the offence of defilement contrary to Section 8(1), as read with Section 8(3) of the Sexual Offences Act No. 3 of 2006. It was alleged that he had defiled JC (name withheld), a child aged three and half (31⁄2) years.

[2] The trial court having heard the evidence of seven (7) prosecution witnesses, found that there was sufficient evidence to prove the charge of defilement against the appellant. He was therefore convicted and sentenced to serve life imprisonment as stipulated under section 8(2) of the Sexual Offences Act.

[3] In his first appeal to the High Court, the appellant faulted the judgment of the trial court contending that the trial court failed to take into account that he was a minor at the time of sentencing; that his constitutional rights were violated during the trial as he was not arraigned in court within 24 hours; that the offence of defilement was not…

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