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JUMA BAYA
V.
REPUBLIC

(2020) JELR 100428 (CA)

Court of Appeal 22 May 2020 Kenya
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Case Details

Suit Number:Criminal Appeal 31 of 2018
Judges:Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Malindi
Other Citations:Juma Baya v. Republic [2020] eKLR

JUDGMENT OF THE COURT

1. On 14th July, 2017 Jumaa Yaa Baya, herein after referred to as “the appellant,” was convicted on his own plea of guilty by the Chief Magistrates’ Court at Malindi on a charge of defilement of a girl, SC, aged 15 years. The offence was committed on diverse dates between July and September 2016 at [particulars withheld] village of Watamu location within Kilifi County. On 21st July, 2017 the appellant was sentenced to serve 20 years’ imprisonment.

2. Notwithstanding the fact that the conviction and sentence was based on the appellant’s own plea of guilty, he preferred an appeal to the High Court stating, inter alia, that the learned magistrate failed to consider that the plea was not unequivocal; that he was not informed of the consequences of so pleading; and that the sentence was harsh.

3. The learned judge dismissed the appeal against both conviction and sentence, prompting an appeal to this Court. This being a second appeal, by dint of the provisions of section …

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