Customer Support

GILBERT SHIKONDI
V.
REPUBLIC

(2014) JELR 104401 (CA)

Court of Appeal 27 Jun 2014 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 221 of 2011
Judges:John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai
Location:Kisumu
Other Citations:Gilbert Shikondi v. Republic [2014] eKLR

JUDGMENT OF THE COURT

Gilbert Shikondi, the appellant was after trial convicted by the Chief Magistrate at Kakamega (H.I. Ong'udi, (as she then was) of defilement of a girl contrary to section 8 (1) as read with section 8 (4) of the Sexual Offences Act No.3 of 2006 and sentenced to serve 15 years imprisonment. His first appeal to the High Court at Kakamega (Lenaola, J.) was summarily dismissed on 29th September, 2010.

The appellant had lodged before the High Court grounds of appeal in his Petition of Appeal and now challenges before us the medical evidence adduced at the trial, his identification and failure to call essential witnesses.

When Mr. Abele, learned Assistant Director of Public Prosecutions, addressed us, but he was apparently not aware that the appellant's appeal before the High Court had been summarily rejected. However, when we alerted learned counsel of that position, he was of the opinion that the summary dismissal was wrong. The learned Assistant D.P.P. was, in our view,…

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.