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JACKSON AMWAYI
V.
REPUBLIC

(2020) JELR 98080 (CA)

Court of Appeal 24 Jul 2020 Kenya
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Case Details

Suit Number:Criminal Appeal 153 of 2016
Judges:Hannah Magondi Okwengu, Mohammed Abdullahi Warsame, Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Jackson Amwayi v. Republic [2020] eKLR

JUDGMENT OF THE COURT

[1] Jackson Amwayi, the appellant, is aggrieved by the judgment of the High Court (Njoki Mwangi, J) upholding his conviction and sentence of life imprisonment by the Senior Principal Magistrate Court at Hamisi for the charge of defilement of a child contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.

[2] In his memorandum of appeal the appellant faults the High Court for failing to find that the prosecution failed to prove its case beyond reasonable doubt; that the trial court did not comply with provisions of Section 19 of the Oaths and Statutory Declaration Act, section 150 of the Criminal Procedure Code, and section 302 of the Criminal Procedure Code. In addition, that the High Court failed to note that the trial court did not comply with Article 50(2)(c) (j) of the Constitution nor did he consider section 36 of the Sexual Offences Act.

[3] The appellant also filed written submissions in which he maintained that the prosecution case was…

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