Customer Support

KATU
V.
REPUBLIC

(2021) JELR 113477 (CA)

Court of Appeal 17 Dec 2021 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CRIMINAL APPEAL NO. 37 OF 2017
Judges:STEVEN GATEMBU KAIRU, JA A. MBOGHOLI-MSAGHA, JA P. NYAMWEYA, JA
Location:Malindi

JUDGMENT

1.This a second appeal that was lodged herein by the Appellant against the judgement rendered by the Voi High Court at Voi (hereinafter “the High Court”), which upheld the conviction of the Appellant for the offence of defilement and sentence of life imprisonment that had been imposed by the Senior Resident Magistrate’s court at Wundanyi (hereinafter “the trial court”). The High Court however set aside the order issued by the trial court that the Appellant compensates the complainant (PW1) through her mother and guardian (PW2) Kshs 100,000/= to be recovered from the cash bail he had deposited in Court.

2.The Appellant had been charged on 16th October 2014 before the trial court with one count of the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act. He faced the alternative count of committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act. The Appellant pleaded not guilty to the charges, and t…

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.