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E L
V.
REPUBLIC

(2015) JELR 97560 (CA)

Court of Appeal 10 Dec 2015 Kenya
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Case Details

Suit Number:Criminal Appeal 369 of 2011
Judges:David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor
Location:Eldoret
Other Citations:E L v. Republic [2015] eKLR

JUDGMENT OF THE COURT

1. The gravamen of this appeal is whether or not the appellant’s plea of guilty upon which he was convicted and sentenced to 30 years’ imprisonment was unequivocal.

2. The appellant was charged with the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act. It was alleged that during the night of 30th/31st May 2010, at [particulars withheld] Camp in the then Turkana District of Rift Valley Province, the appellant intentionally and unlawfully committed an act which caused penetration into the genital organ of N.R.W, a girl aged 14 years old.

3. Upon his own plea of guilty, the appellant was convicted and sentenced to 30 years’ imprisonment. His appeal to the High Court was dismissed. He has now come to this Court on a second appeal. By dint of Section 361 of the Criminal Procedure Code, a second appellate court’s jurisdiction is limited to consideration of only points of law. What points of law then are raised in this app…

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