Customer Support

SCM
V.
REPUBLIC

(2023) JELR 113589 (CA)

Court of Appeal 20 Jan 2023 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CRIMINAL APPEAL 17 OF 2019
Judges:S. GATEMBU KAIRU, FCIArb P. NYAMWEYA, JA J. LESIIT, JA
Location:Malindi

Judgment

  1. This a second appeal that was lodged herein by the appellant who is in person, against the judgment delivered on 27th September 2018 by the High Court at Malindi (Hon. W. Korir, J.) in Criminal Appeal No. 36 of 2017. The Appellant had on 29th June 2015 been charged before the Chief Magistrates court at Malindi with one count of defilement contrary to Section 8(1) as read with Section 8 (2) of the Sexual Offences Act (hereinafter SOA). He faced an alternative count of committing an indecent act with a child contrary to Section 11(1) of the SOA.

  2. The appellant pleaded not guilty to the charges. The prosecution called four witnesses and not five as the trial court record shows. We note from the judgment of the High Court that the Judge dealt with the discrepancy in numbering of witnesses by virtue of the case having by started by one Magistrate and concluded by another.

  3. The facts of the prosecution case were that on the 5th May 2014, the victim, PW2 was playing outside their home wi…

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.