The case of Republic vs. Michael Waweru Kihiu has become a significant point of reference in Kenya’s legal landscape regarding sexual offenses. The case, which was heard in the High Court of Kenya under Criminal Appeal E054 of 2023, involved the appellant, Michael Waweru Kihiu, who was convicted of defilement under the Sexual Offences Act. His appeal was dismissed, and the conviction and sentence were upheld.
Background of the Case
Michael Waweru Kihiu was originally convicted of defiling a minor aged between 12 and 15 years, an offense punishable under Section 8(3) of the Sexual Offences Act. According to the law, individuals found guilty of defiling minors in this age category face a mandatory minimum sentence of 20 years imprisonment.
Following his conviction, Kihiu filed an appeal challenging both the ruling and the severity of the sentence, arguing that the evidence presented was insufficient to warrant such a harsh penalty.
Key Legal Arguments in the Appeal
In his appeal, Kihiu presented the following arguments:
- Lack of sufficient evidence – He contended that the prosecution had not proven beyond a reasonable doubt that he was guilty of the offense.
- Reliability of the victim’s testimony – Kihiu questioned whether the minor’s testimony was credible and whether proper legal procedures were followed to obtain evidence.
- The severity of the sentence – He argued that the 20-year imprisonment term was excessive and should be reviewed.
The prosecution, however, maintained that:
- The minor’s testimony was consistent and corroborated by medical evidence.
- The forensic evidence linked Kihiu to the crime.
- The sentence imposed was by the Sexual Offences Act and could not be reduced.
The Court’s Decision
After reviewing the evidence, the High Court dismissed the appeal, ruling that:
- The prosecution had proven its case beyond a reasonable doubt.
- The victim’s testimony was credible and consistent with medical reports.
- The mandatory minimum sentence of 20 years imprisonment was legally sound and in line with Kenya’s commitment to punishing sexual offenders.
The court reaffirmed that justice for victims of sexual offenses must be upheld and that such rulings serve as a strong deterrent against crimes targeting minors.