Customer Support

BAKARI ABDALLA MBOYE
V.
REPUBLIC

(2009) JELR 105900 (CA)

Court of Appeal 23 Jan 2009 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 47 of 2007
Judges:Johnson Evan Gicheru Daniel Kennedy Sultani Aganyanya Erastus Mwaniki Githinji
Location:Malindi
Other Citations:BAKARI ABDALLA MBOYE v. REPUBLIC [2009] eKLR

JUDGMENT OF THE COURT

The appellant was convicted by the Resident Magistrate, Kwale, S. S. Maindi, (Mrs.) for the offence of unnatural offence contrary to section 162 (a) of the Penal Code and sentenced to 20 years imprisonment. His first appeal to the superior court against the conviction and sentence was dismissed hence the present appeal.

The particulars of the offence alleged that on 5th August 2005 at 5 p.m. at M Village, D. Location in Kwale District the appellant had carnal knowledge of SL against the order of nature. The prosecution case against the appellant was briefly as follows:

On 5th August, 2005 at about 5.00 p.m. RM (PW2), a teacher at M Primary School was in her house preparing supper. She heard her child SL (PW1) crying behind the house. She did not bother but when she heard the screams again she went outside. She found a wheelbarrow and a spade behind the house but she did not see anybody. While there she heard the screams for the third time coming from the direction o…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.