Manyura v Republic (Criminal Appeal 116 of 2020) [2025] KECA 995 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed a 20-year defilement sentence but ruled the man's time in remand prison must count towards it.
What this practically means
#Executive summary
#Key legal issues
#Constitutionality of mandatory minimum sentences under the Sexual Offences Act
The challenge fails; the mandatory minimum under Section 8(3) is lawful following the Supreme Court's decision in R vs. Mwangi.
The appellant argued, citing Articles 25(c) and 50(2)(p), that he was entitled to the least severe prescribed sentence. The Court held that the Supreme Court in R vs. Mwangi had determined that mandatory minimum sentences under the Sexual Offences Act remain lawful as long as the penalty sections remain valid and on the statute books. The 20-year sentence, being the minimum under Section 8(3), was therefore sound in law and could not be disturbed.
Computation of sentence to include period spent in remand custody
The appeal succeeds on this ground only; the sentence runs from the date of arrest, incorporating the remand period.
Respondent's counsel conceded that the first appellate court failed to take into account the period the appellant spent in remand custody pursuant to Section 333(2) of the Criminal Procedure Code. The Court accepted the concession and directed that the 20-year sentence be computed from the date of arrest, so that the remand period forms part of the custodial sentence.
Scope of the Court's jurisdiction on second appeal against sentence
Jurisdiction is limited to matters of law under Section 361(1)(a); severity of sentence is a matter of fact outside the Court's scope.
The Court restated the established principle that on a second appeal it is confined to points of law and will not interfere with concurrent findings of fact unless based on no evidence. Sentencing discretion is that of the trial court and can only be interfered with where an illegal sentence was awarded. Severity of sentence is a matter of fact and outside the scope of the second appeal.
Legal principles established
#- Second appeals to the Court of Appeal are confined to matters of law; the Court will not interfere with concurrent findings of fact absent evidence-based error.
- Mandatory minimum sentences prescribed under the Sexual Offences Act are lawful and binding so long as the penalty sections remain valid and in the statute books.
- On second appeal, an appellate court cannot interfere with a trial court's exercise of sentencing discretion unless an illegal sentence was awarded.
- Where an accused person was in remand custody during trial, that period must form part of the custodial sentence computation under Section 333(2) of the Criminal Procedure Code.
Court orders
#- 1.The sentence of twenty (20) years imprisonment imposed by the first appellate court is affirmed as legal
- 2.The sentence shall be computed from the date the appellant was arrested, stated as 22nd December, 2017
- On appeal from
- High Court at Homa Bay
- Jurisdiction invoked
- Section 361(1)(a) of the Criminal Procedure Code (second appeal confined to matters of law)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Manyura v Republic (Criminal Appeal 116 of 2020) [2025] KECA 995 (KLR)", Case Analysis (2025). Second appeal from High Court at Homa Bay (criminal appeal against conviction and sentence). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/995/eng@2025-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.