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MURAI
V.
REPUBLIC

(2023) JELR 113553 (CA)

Court of Appeal 26 Jan 2023 Kenya
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Case Details

Suit Number:CRIMINAL APPEAL 111 OF 2014
Judges:F. SICHALE, JA F. OCHIENG, JA L. ACHODE, JA
Location:Nakuru

Judgment

  1. Joseph Mburu Murai, the appellant herein, is before us on a second appeal. The appellant was first charged and convicted with two counts of defilement under section 8(1) as read with 8(2) and section 8(1) as read with 8(3) of the Sexual Offences Act, respectively. The trial court sentenced the appellant to life imprisonment on the first count and 20 years on the second count. Being dissatisfied with the sentence and conviction, the appellant lodged an appeal to the High Court which appeal was dismissed and the findings of the trial court upheld. The appellant being aggrieved with the judgment of the High Court has come to this court on a second appeal.

  2. The appellant raises six grounds of appeal in his memorandum of appeal which we summarize in the following manner; First, that the first appellate court erred in upholding the conviction and sentence against the appellant without observing that the charge sheet was defective. Second, that the two courts below erred in failing to …

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