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A R
V.
REPUBLIC

(2019) JELR 106475 (CA)

Court of Appeal 7 Mar 2019 Kenya
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Case Details

Suit Number:Criminal Appeal 11 of 2017
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Eldoret
Other Citations:A R v. Republic [2019] eKLR

JUDGMENT OF THE COURT

[1] The appellant, AR, was tried and convicted by the Resident Magistrate’s Court at Kitale, for the offence of Defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act. He was sentenced to serve twenty (20) years imprisonment. His appeal to the High Court against his conviction and sentence was dismissed. He is now before us in this second appeal. In his original memorandum of appeal that was filed in person, he listed eleven grounds. He subsequently filed supplementary grounds of appeal, as well as written submissions.

[2] During the hearing of his appeal, the appellant basically relied on his written submissions, and added that the minor/complainant who was allegedly defiled, was a daughter to his uncle, and that his uncle had demanded land for him to withdraw the complaint. In his written submissions, the appellant maintained that the charge brought against him of defilement was not proved, because neither the complainant nor him…

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