' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KILGORIS
CRIMINAL APPEAL CASE NO. E008 OF 2023
EMMANUEL LETAYA SIKAWA........................................................................................................................APPELLANT
VS.
REPUBLIC................................................................................................RESPONDENT
RULING
BACKGROUND
In the Application dated 14.07.2025 the Applicant seek review of the judgment of the trial court as there is fresh evidence disclosing that the victim of alleged defilement was an adult not a minor at the time of her sexual relationship with the applicant subject of the conviction and sentence impugned.
The conviction was based on the age as the sexual relation was to be valid safe for age of the girl.The reports availed in court via application of adduction of further evidence which shows that at the material time the victim was an adult person thus negativing the offence of defilement as there was consensual sexual relationship between the victim and the applicant which ended with conception by the victim. The application is based on Section 358 CPC and seek orders: -.
THAT this Honourable court be pleased to review the judgment of the Lower Court delivered on 28th September 2022 and issue such further orders as it may deem just and expedient in the circumstances of this case.
And supported by the grounds:The Applicant was arrested and charged with the offence of DEFILEMENT contrary to Section 8(1) as read with Section 58(3) of the Sexual Offences Act.The Applicant was found guilty and was sentenced to 20 years imprisonment in 2022.On 4 th April 2025, the Complainant in the matter wrote a letter and attached a copy of her original birth certificate requesting for the Applicant to be released.
From the said letter and the attached copy of the birth certificate, the Honourable Court directed that the said documents be sent to the ACCIO to confirm authenticity and make a report to the Honourable Court within 21 days.The ACCIO has since filed the said report and the same has confirmed that the birth certificate is authentic and that the one which was used to charge the accused was a forgery.
The Complainant was not a minor at the time of the alleged offence and that the documents used to convict and sentence were forged.The matter would not be mentioned on 6 th June 2025, because the day fell on a public holiday. The Applicant has claimed to have suffered in prison and will continue to suffer for no good cause if this matter is not dispensed with at the earliest opportunity.
It is in the interest of Justice that this Application is dispensed with forthwith to prevent a continuance of the illegality. It is supported by Affidavit which reiterates some grounds and has all mentioned documents disclosing crucial evidence on victim’s age of majority at time of the alleged offence. The state conceded the application thus court proceeds to review the conviction and sentence.
The court after perusing the documents annexed to the affidavit in support of the application, it is satisfied that the threshold for review is met as it is established that at the time of the sexual relationship subject of defilement charges herein between the applicant/accused and the girl alleged victim was an adult therefore capable of consenting to sexual relationship with the applicant. Therefore, the court verdict is that.
i. The conviction is quashed, and the sentence set aside and orders the applicant/accused to be released forthwith unless otherwise lawfully held.
DATED AND DELIVERED VIA MICROSOFT TEAMS AT KILGORIS THIS 2 ND DAY OF OCTOBER 2025.
HON. CHARLES KARIUKI
JUDGE
In the presence of
CA – Jerusha
'
IN THE HIGH COURT OF KENYA AT KILGORIS
CRIMINAL APPEAL CASE NO. E008 OF 2023
EMMANUEL LETAYA SIKAWA........................................................................................................................APPELLANT
VS.
REPUBLIC................................................................................................RESPONDENT
RULING
BACKGROUND
In the Application dated 14.07.2025 the Applicant seek review of the judgment of the trial court as there is fresh evidence disclosing that the victim of alleged defilement was an adult not a minor at the time of her sexual relationship with the applicant subject of the conviction and sentence impugned.
The conviction was based on the age as the sexual relation was to be valid safe for age of the girl.The reports availed in court via application of adduction of further evidence which shows that at the material time the victim was an adult person thus negativing the offence of defilement as there was consensual sexual relationship between the victim and the applicant which ended with conception by the victim. The application is based on Section 358 CPC and seek orders: -.
THAT this Honourable court be pleased to review the judgment of the Lower Court delivered on 28th September 2022 and issue such further orders as it may deem just and expedient in the circumstances of this case.
And supported by the grounds:The Applicant was arrested and charged with the offence of DEFILEMENT contrary to Section 8(1) as read with Section 58(3) of the Sexual Offences Act.The Applicant was found guilty and was sentenced to 20 years imprisonment in 2022.On 4 th April 2025, the Complainant in the matter wrote a letter and attached a copy of her original birth certificate requesting for the Applicant to be released.
From the said letter and the attached copy of the birth certificate, the Honourable Court directed that the said documents be sent to the ACCIO to confirm authenticity and make a report to the Honourable Court within 21 days.The ACCIO has since filed the said report and the same has confirmed that the birth certificate is authentic and that the one which was used to charge the accused was a forgery.
The Complainant was not a minor at the time of the alleged offence and that the documents used to convict and sentence were forged.The matter would not be mentioned on 6 th June 2025, because the day fell on a public holiday. The Applicant has claimed to have suffered in prison and will continue to suffer for no good cause if this matter is not dispensed with at the earliest opportunity.
It is in the interest of Justice that this Application is dispensed with forthwith to prevent a continuance of the illegality. It is supported by Affidavit which reiterates some grounds and has all mentioned documents disclosing crucial evidence on victim’s age of majority at time of the alleged offence. The state conceded the application thus court proceeds to review the conviction and sentence.
The court after perusing the documents annexed to the affidavit in support of the application, it is satisfied that the threshold for review is met as it is established that at the time of the sexual relationship subject of defilement charges herein between the applicant/accused and the girl alleged victim was an adult therefore capable of consenting to sexual relationship with the applicant. Therefore, the court verdict is that.
i. The conviction is quashed, and the sentence set aside and orders the applicant/accused to be released forthwith unless otherwise lawfully held.
DATED AND DELIVERED VIA MICROSOFT TEAMS AT KILGORIS THIS 2 ND DAY OF OCTOBER 2025.
HON. CHARLES KARIUKI
JUDGE
In the presence of
CA – Jerusha
'