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DANIEL ARASA
V.
REPUBLIC

(2018) JELR 97570 (CA)

Court of Appeal 22 Mar 2018 Kenya
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Case Details

Suit Number:Criminal Appeal 80 of 2015
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Eldoret
Other Citations:Daniel Arasa v. Republic [2018] eKLR

JUDGMENT OF THE COURT

[1] The appellant was convicted by the Senior Principal Magistrate, Kitale, of the offence of defilement of a child contrary to section 8 (1) as read with section 8 (3) of the Sexual Offences Act and sentenced to 20 years imprisonment. His appeal to the High Court against the conviction and sentence was dismissed. He now appeals to this Court against the judgment of the High Court.

[2] The prosecution called six witnesses at the trial in support of the charge namely; (MM) (name withheld) (PW 1) the complainant; Linus Ligale (PW 2), a clinical officer at Kitale District Hospital who examined the complainant; Dr. Kiprop Jonathan (PW 3) who assessed the age of the complainant; F N (PW 4), (N), who is the grandmother of the complainant; Silvester Momanyi (PW 5) (Momanyi), Chief of Milimani Location, to whom the complaint was made and who arrested the appellant and PC Paul Kamau (PW 6) of Kitale Police Station who investigated the case.

[3] The prosecution case was brief…

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