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ISAAC MUTUMA IRIKIA
V.
REPUBLIC

(2017) JELR 101449 (CA)

Court of Appeal 5 Apr 2017 Kenya
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Case Details

Suit Number:Criminal Appeal 6 of 2015
Judges:Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage
Location:Nyeri
Other Citations:Isaac Mutuma Irikia v. Republic [2017] eKLR

JUDGMENT OF THE COURT

1. Isaac Mutuma Irikia appeals in person against the dismissal of his first appeal by the High Court (Wakiaga J.) which had challenged his conviction by Nanyuki Resident Magistrate, E. N. Gichangi, for the offence of defilement contrary to Section 8(1)(3) of the Sexual Offences Act (SOA). It had been alleged in the count on which he was convicted that on the 28th December 2009 at [particulars withheld] area of Buuri District in Eastern Province, he penetrated the minor, RNM who was 15 years old.

2. As this is a second appeal, it can only lie on issues of law by dint of Section 361(1) of the Criminal Procedure Code (CPC). This Court is bound to defer to concurrent findings of fact and only interfere to the limited extent that they are based on no evidence, or on a perverted appreciation of the facts. See J.A.O v. Republic [2011] eKLR. The memorandum filed by the appellant and the written submissions raise six grounds of appeal but, in our view, there are only two is…

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