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DAVIS MASUMBUO BARON
V.
REPUBLIC

(2022) JELR 113361 (CA)

Court of Appeal 21 Jan 2022 Kenya
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Case Details

Suit Number:CRIMINAL APPEAL 3 OF 2018
Judges:SG KAIRU, JA A MBOGHOLI-MSAGHA, JA P NYAMWEYA, JA
Location:Mombasa

JUDGMENT

  1. This judgment is on a second appeal by the Appellant herein, against the High Court’s decision to uphold his conviction for the offence of defilement and sentence of 30 years’ imprisonment. The Appellant had been charged in the Senior Resident Magistrate’s Court at Taveta (hereinafter “the trial Court”), with one count of the offence of defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act No. 3 of 2006, and an alternative count of committing an indecent assault of a female contrary to Section 11 (1) of the Sexual Offences Act.

  2. The particulars of the charge against the Appellant were that on 6th August 2009 at about 11.00 a.m at [Particulars Withheld] village in Taveta District, he had unlawful carnal knowledge of PJ , a girl under the age of 11 years.

    The Appellant is dissatisfied with the High Court’s decision, and has raised various grounds of appeal in his Memorandum of Appeal that was lodged in this Court on 8th July 2019. The grounds of…

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