Criminal Appeal No. 17 of 2004 on the Capacity of Persons with Mental or Psychosocial Disabilities to Consent to Sex
![handle is hein.journals/easfrilaj2016 and id is 106 raw text is:
CASE REVIEW:
CRIMINAL APPEAL NO. 17 OF 2014 ON THE
CAPACITY OF PERSONS WITH MENTAL
OR PSYCHOSOCIAL DISABILITIES TO
CONSENT TO SEX
Manyara Reginald Mworia*
I: INTRODUCTION
The Convention on the Rights of Persons with Disabilities (CRPD), adopted by the United Nations
General Assembly on 13 December 2006, was signed and ratified by Kenya on 30 March 2007 and
19 May 2008 respectively. Consequently, it became part of Kenyan law pursuant to Article 2 (6) of
the Constitution which domesticates regional and international instruments ratified by Kenya. The
courts have subsequently began using the norms established by the CRPD to make determinations
on the rights of persons with disabilities. The case of Wilson Morara Siringi v. Republic' illustrates
the progressive understanding and application of Article 12 of the CRPD.
II: FACTS OF THE CASE
The appellant, Wilson Morara Siringi, was convicted of the offence of rape in Criminal Case No.
681 of 2012 at the Senior Principal Magistrate's Court in Migori contrary to Section 3 (1) (b) and
(3) of the Sexual Offences Act. He was sentenced to 15 years imprisonment.
The particulars of the offences were that on December 5, 2012, at an undisclosed location in Migori
County, he intentionally caused his penis to penetrate the vagina of SMO without her consent.
Siringi appealed against the conviction and sentence, challenging his conviction on the grounds
that he did not rape the accused; and that his alibi defence was plausible and well corroborated.
The State asserted that the conviction and sentence were grounded on evidence and that the
prosecution had proved its case beyond reasonable doubt. The prosecution had called four witnesses.
PW1, a brother-in-law of the complainant, PW2, testified that PW2 who was 'mentally retarded'
had been taken to a traditional healer for treatment. The traditional healer was a brother to the
accused. PW1 stated that on December 5, 2012, he was called and informed that PW2 had been
LLB, University of Nairobi.
1 Wilson Morara Siringi v Republic [2014] eKLR <http://kenyalaw.org/caselaw/cases/view/101502/> (accessed on 3 December
2016)](ViewImageLocal?handle=hein.journals/easfrilaj2016&div=12&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Criminal Appeal No. 17 of 2004 on the Capacity of Persons with Mental or Psychosocial Disabilities to Consent to Sex
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most