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EVANS WANJALA SIIBI
V.
REPUBLIC

(2019) JELR 97546 (CA)

Court of Appeal 6 Jun 2019 Kenya
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Case Details

Suit Number:Criminal Appeal 314 of 2018
Judges:Milton Stephen Asike Makhandia James Otieno Odek Patrick Omwenga Kiage
Location:Eldoret
Other Citations:Evans Wanjala Siibi v. Republic [2019] eKLR

JUDGMENT OF THE COURT

The appellant, Evans Wanjala Siibi, was charged, tried and convicted before the Principal Magistrate’s Court at Webuye for the offence of defilement contrary to Section 8(1)(3) of the Sexual Offences Act in that on diverse dates between August, 2010 and April, 2011 in Bungoma East District, within Bungoma County, he unlawfully and intentionally caused his penis to penetrate into the vagina on SMS who was aged 15 years. He was sentenced to 20 years imprisonment following the conviction.

His first appeal to the High Court at Bungoma was dismissed by Ali-Aroni, J. on 9th June, 2015 prompting the current appeal. His self-crafted memorandum of appeal complains that;

  • The trial and first appellate courts violated his rights and the proceedings were therefore null and void.
  • Both courts did not analyze the evidence of the investigating officer.
  • The medical evidence was not in accordance with the provisions of section 36 of the Sexual Offences Act.
  • The sentence was harsh and exc…

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