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YUSUF SHIUNZI
V.
REPUBLIC

(2019) JELR 92786 (CA)

Court of Appeal 14 Feb 2019 Kenya
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Case Details

Suit Number:Criminal Appeal 11 of 2018
Judges:Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Fatuma Sichale
Location:Malindi
Other Citations:Yusuf Shiunzi v. Republic [2019] eKLR

JUDGMENT OF THE COURT

On 18th November 2016, Yusuf Shiunzi Kunani, the appellant herein was found guilty of the offence of defilement contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act. The particulars of the charge were that between 4th November 2012 and 7th November 2012 at Mwembe Tayari Location of the then Mombasa district unlawfully and intentionally caused his penis to penetrate the vagina of MN a child aged 16 years. The sentence meted out to the appellant by I. Ruguru, Esq, the then S.R.M Mombasa was 15 years. The appellant was dissatisfied with the outcome of the trial and filed an appeal at the High Court. On 27th February 2017 Ongeri, J dismissed the appellant’s appeal.

Undeterred the appellant filed this appeal which came before us for hearing on 5th November 2018. Learned counsel Mr. Hayanga appearing for the appellant abandoned the appellant’s homegrown grounds of appeal and relied on a memorandum of appeal filed on 12th March 2018 as well as sup…

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