Login Register

Ayub Okobola Wabuti v. Republic

(2015) JELR 105595 (CA)

Court of Appeal  •  Criminal Appeal 212 of 2010  •  18 Jun 2015  •  Kenya

David Kenani Maraga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



I. The appellant, Ayub Okobola Wabuti was on 6"' March 2009 convicted by the Magistrate's court at Butere for the offence of defilement of a child contrary to section 8(3) of the Sexual Offences Act. No. 3. of 2006. He was subsequently sentenced to a prison term of 20 years.

2. Having been granted leave by the High Court ( Lenaola, J)on 11th March 2010 to appeal out of time based on his application in that regard dated 21st October 2009, the appellant presented a petition of appeal to the High Court at Kakamega on 11th March 2010. His grounds of appeal to the High Court included complaints that the trial magistrate erred by basing the conviction on the evidence of a single identifying witness; that the prosecution did not prove its case beyond all reasonable doubt; that the evidence tendered by the prosecution did not support the charge; that crucial witnesses were not called; that the evidence regarding the date when the alleged offence was committed was contradic…

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 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login