Customer Support

KABWERE CHIKO KABWERE
V.
REPUBLIC

(2013) JELR 97002 (CA)

Court of Appeal 21 Jun 2013 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 484 of 2010
Judges:Erastus Mwaniki Githinji, Milton Stephen Asike Makhandia, Fatuma sichale
Location:Mombasa
Other Citations:Kabwere Chiko Kabwere v. Republic [2013] eKLR

JUDGMENT OF THE COURT

This is an appeal from the Judgement of the High Court (Omondi J) dismissing the appellant's appeal against conviction and sentence for the offence of defilement contrary to section 8(1) 2 of the sexual offences Act.

The particulars of the charge stated that on 14th March 2008 the appellant unlawfully defiled E C L a girl aged 9 years old child.

Before receiving the evidence of the child the Senior Resident Magistrate made a record of the examination of the child thus:

Voire Dire examination

I am aged 9 years. I go to [Particulars Withheld] in standard 3. I understand the importance of speaking the truth.

Court

Order

To give unsworn statement

(Kiswahili) ”

Thereafter the complainant gave unsworn evidence. She stated in essence that on the morning of 14th March 2008 she went to look for palm leaves when Kabwere whom she identified as the appellant called her to the road side; held hand; laid her down, removed her underpants and defiled her and that when the appella…

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.