A man sits in the dock during a court session. /AI
The Court of Appeal in Mombasa has upheld a 20-year prison sentence for a man convicted of defiling a 14-year-old girl in Kaloleni Village, Voi, Taita Taveta county.
The ruling was delivered on May 9, 2025, by a three-judge bench comprising Justices Laibuta, Ochieng, and Ngenye-Macharia.
Edward Mwangemi had been charged before Magistrate's Court in Voi with defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act.
He faced an alternative charge of committing an indecent act with a child.
The offence took place on October 8, 2016, at around 2 pm.
The victim, identified as EN, was 14 years old at the time.
During the trial, the prosecution called seven witnesses, including medical experts.
The appellant gave a sworn statement and called one witness in his defence.
The medical evidence showed the complainant had a broken hymen and a white vaginal discharge.
The trial court found some inconsistencies in the complainant’s testimony but concluded that her account was corroborated by other witnesses on key facts.
The court found Mwangemi guilty and sentenced him to 20 years in prison.
Mwangemi appealed to the High Court, challenging both the conviction and the sentence.
He argued that the charges were defective, the evidence was contradictory, and his defence had not been properly considered.
The High Court dismissed his appeal, finding that the charge sheet was proper, the evidence was corroborated, and the sentence was lawful.
The court said that the evidence clearly demonstrated that the appellant changed his behaviour to gain the trust and friendship of the child before defiling her.
Dissatisfied, Mwangemi took his case to the Court of Appeal.
He raised new grounds, claiming that critical elements of the offence were not proven, there were inconsistencies in the prosecution’s case, and the sentence was harsh and excessive.
However, at the hearing on November 25, 2024, Mwangemi abandoned his appeal on conviction and asked for a reduction of his sentence.
The prosecution, represented by Ms Nyawinda, argued that the 20-year sentence was the minimum allowed by law for defilement of a child aged between 12 and 15 years.
She urged the court to uphold the sentence.
The Court of Appeal noted that, as this was a second appeal, it could only consider questions of law.
The judges stated that the conviction was sound and the only issue was whether the sentence was harsh or excessive.
Section 8(3) of the Sexual Offences Act prescribes no less than 20-year jail term for defilement of a child aged between 12 and 15.
The court found that the trial judge had considered the age of the complainant, the nature of the offence, and the gravity of the harm caused.
The judges also noted that Mwangemi had shown no remorse and had exploited the vulnerability of the minor for his own gratification.
The court addressed concerns about mandatory sentences but held that the 20-year minimum was a clear legislative intent.
The bench found no reason to interfere with the sentence.
In their conclusion, the judges stated: “In the light of the current jurisprudence on sentencing, and after giving due consideration to the circumstances in which the offence was committed, the mitigating factors, and the Judiciary Sentencing Policy Guidelines, 2023, we find that the trial court’s sentence of 20 years was not harsh or excessive in the circumstances of this case. We hereby uphold the appellant’s sentence of 20 years.”
The import of the verdict is that Mwangemi will serve the full 20-year prison term for defilement, as ordered by the trial court.
The Court of Appeal emphasised the seriousness of the offence and the need for deterrence, stating that the sentence was appropriate and lawful.
