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WACHIRA
V.
REPUBLIC

(2023) JELR 113579 (CA)

Court of Appeal 26 Jan 2023 Kenya
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Case Details

Suit Number:CRIMINAL APPEAL 46 OF 2018
Judges:F. SICHALE, JA F. OCHIENG, JA L. ACHODE, JA
Location:Eldoret

Judgment

  1. This is a second appeal by Solomon Ngatia Wachira, the appellant, who was initially convicted of defilement contrary to section 8(1) as read with 8(3) of the Sexual Offences Act and sentenced to 30 years’ imprisonment. His first appeal was dismissed in its entirety and the conviction and sentence of the trial court upheld. The appellant is dissatisfied with the judgment of the first appellate court prompting him to lodge this appeal before us.

  2. In his memorandum of appeal, the appellant raises five grounds of appeal which we paraphrase and condense in the following manner. First, that he was denied the chance to present his defence witness despite him informing the court of his availability. Second, that the prosecution evidence was marred with inconsistencies and as such could not support the conviction. Third, that the exhibits produced in evidence were obtained in a manner that violates the appellant’s right to a fair trial.

  3. The appellant also filed supplementary grounds of ap…

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