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ALEX KIPCHIRCHIR KIPTOO
V.
REPUBLIC

(2018) JELR 106219 (CA)

Court of Appeal 20 Sep 2018 Kenya
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Case Details

Suit Number:Criminal Appeal 89 of 2016
Judges:Erastus Mwaniki Githinji Hannah Magondi Okwengu Jamila Mohammed
Location:Eldoret
Other Citations:Alex Kipchirchir Kiptoo v. Republic [2018] eKLR

JUDGMENT OF THE COURT

[1] Alex Kipchirchir Kiptoo, who is the appellant herein, was tried and convicted of the offence of defilement of a girl contrary to section 8(3) of the Sexual Offences Act No. 3 of 2006. The victim of the alleged offence was CK (name withheld) a child aged 12 years. The appellant was sentenced to serve thirty (30) years imprisonment. Being aggrieved, he appealed to the High Court against his conviction and sentence. His appeal was heard and dismissed by the High Court (C. Kariuki J).

[2] The appellant is now before us in a second appeal against the judgment of the High Court. In his memorandum of appeal filed in person, the appellant has raised four (4) grounds. He contends that his conviction was improper as no birth certificate was produced by the prosecution to prove the age of the CK; that the evidence of the prosecution fell short of proving the case against the appellant, as the appellant was not properly identified; that the learned judge erred and misdirec…

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