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Alex Kibet Murgor v. Republic

(2013) JELR 105536 (CA)

Court of Appeal  •  Criminal Appeal 66 of 2011  •  16 Oct 2013  •  Kenya

David Kenani Maraga, William Ouko, Jamila Mohammed



1. ALEX KIBET MURGOR, the appellant herein was charged with the offence of defilement contrary to Section 8(3) of the Sexual Offences Act No. 3of 2006. The particulars of the offence alleged that on 8th July 2006 at [particulars withheld] village in West Pokot District within Rift Valley Province, the appellant had carnal knowledge of GCK, a girl aged below 15 years. He pleaded not guilty but after trial before the Senior Resident Magistrate at Kapenguria, he was convicted and sentenced to twenty years imprisonment. His appeal to the High Court having been dismissed, he has now preferred a second appeal to this court.

2. In his seven grounds of appeal the appellant has raised three points: that his constitutional rights were violated in that he was detained by police for 11 days before he was arraigned in court; that his identification by recognition was flawed as the complainant did not give his name to the police at the time of reporting the offence and that both…

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