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…The statute does not make lack of consent an ingredient of the offence where the complainant is under eighteen years, and in that respect the offence is one of strict liability as to age. 16.…

…That authority does not support the proposition that a minor’s perceived maturity can negate criminal liability; rather, it affirms the strict statutory regime established by Parliament.…

…a person of an offence or, on appeal, revision or otherwise, confirms the conviction; and (b)finds, on the facts proven in the case, that the convicted person has, by virtue of the act constituting the offence, a civil liability…

…order the convicted person to pay to the injured party such sum as it considers could justly be recovered as damages in civil proceedings brought by the injured party against the convicted person in respect of the civil liability…

…Further, regarding the individual criminal liability of the 1 st Appellant and the overall conviction, the submissions invoke Section 23 of the Penal Code.…

…The Applicants contend that the trial court failed to distinguish between the liability of the 2 nd Appellant corporation and the personal liability of the 1 st Appellant, who was a director. 8.…

…Criminal liability is personal; vicarious liability does not attach to malicious damage. Further, the State failed to prove ownership of the trees.…

…That since he was acting on instructions of his principal it is his father who should bear the liability.…

…Regarding the Appellants claim that he was acting as an agent to his father the 1st Accused the Respondent submitted that the principle of vicarious liability does not apply to criminal cases and that the Appellant knew that…

…That since he was acting on instructions of his principal it is his father who should bear the liability.…

…Regarding the Appellants claim that he was acting as an agent to his father the 1st Accused the Respondent submitted that the principle of vicarious liability does not apply to criminal cases and that the Appellant knew that…

…damaged property, the Respondent has cited the decision in the case of Simon Kiama Ndiagui v Republic (2017) eKLR , where it was held that ownership of the destroyed property is a relevant, but not the defining factor ,for liability…

…The Respondent maintains that the failure of PW1 to provide formal title documents did not negate the Appellant's liability for the damage caused. 14.…

…On the foregoing, it is rather obvious that the Appellant is being used as the sacrificial lamb in a matter presumably the owner of the agency (PW9), may have had a hand in the loss and irrefutably absolved from any liability…

…Under the vicarious liability principle, where is the line drawn on PW9’s liability an issue the Appellant warrants this court to address.…

…She alleged that when confronted, the Appellant admitted liability and signed an extra-judicial written commitment letter (subsequently marked as P. Exhibit 2) undertaking to refund a sum totalling Kshs. 825,117.…

…Exhibit 2) as an admission of liability.…

…The learned trial magistrate erred in law and fact by applying the principle of vicarious; liability thereby wrongly convicting the Appellant in a criminal case. 4.…

…It is for this reason that the Sexual Offences Act imposes strict liability on adults who engage in such conduct, regardless of any purported consent or willingness on the part of the child. 25.…

…The law places the burden squarely on adults to avoid such conduct, and any failure to do so can only attract criminal liability. 26. Were the elements of the offence proved, then?…

…civil matters over the said sale pending in court. 10) The learned trial Magistrate erred in law and in fact in treating the debt claimed by the Complainant at the time the Appellant was filing for succession as a proven liability…

…the Complainant. 11) The learned trial Magistrate erred in law and in fact in relying on an acknowledgment that the High Court at Meru had declared required the test of a civil suit in order for it to stand in for proven liability…

…and subsequent offenders within a prescribed period, but so that no person shall thereby be liable to pay a fine greater than the maximum provided by this sub-section; and for the avoidance of doubt, it is declared that liability…

…of a person to pay a fine on a prescribed scale shall not affect that person’s liability to imprisonment under this sub-section as an alternative to, in addition to, or in default of, the payment of a fine.…

…Despite this representation, the Appellant failed to disclose the complainant's interest in the property as a liability or beneficiary in the succession cause.…

…Respondent maintained that the false representation existed at the inception of the transaction, thereby taking the matter outside the realm of a purely civil dispute and placing it squarely within the ambit of criminal liability…

…Section 46 of the Traffic Act is absolute in terms of liability. It does not matter that the driver thought that he was driving dangerously, then he should be found guilty of the offence of dangerous driving.…

…second or subsequent offenders, within a prescribed period, but so that no person shall thereby be liable to pay a fine greater than the maximum provided by this subsection; and for the avoidance of doubt it is declared that liability…

…In the case of Nehemiah Kiplangat Ngeno v Republic [2018] eKLR Ngugi, J (as she then was) stated: The fact that a child goes to a man’s house and has consensual sex with him does not take away criminal liability from the…

…The Appellant cannot therefore be absolved from criminal liability for committing the offence of defilement.…

…I emphasize the word “directly” because, in an offence of this nature, unlike in a civil jurisdiction, vicarious liability cannot attach.…

…The court finds: • The ongoing trial concerns the criminal liability of Margaret Mwende Wambua. • The appellant has not established a concrete link between the appeal and the trial sufficient to demonstrate irreparable harm…

…Criminal liability is not shared. 8. Whatever matters the applicant had must await convictions they do not fall under the three exceptions in the case of of Joseph Lendrix Waswa v Republic (supra). Orders 9.…