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Benard Ombuna v. Republic

(2019) JELR 105766 (CA)

Court of Appeal  •  Criminal Appeal 27 of 2018  •  8 Feb 2019  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



1. In his second appeal the appellant in this appeal is challenging his conviction which initially was for the offence of attempted defilement contrary to Section 9 of the Sexual Offences Act and subsequently, substituted by the first appellate court with a conviction for the offence of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act.

2. His appeal is predicated on only one point of law that is, that his conviction was based on a defective charge sheet. The appellant claims that the charge sheet was defective on two fronts; firstly, the particulars thereunder were at variance with the offences he was charged with; and secondly, the evidence tendered at the trial court was equally at variance with the particulars stated. It is on that basis that the appellant insists that his conviction was not safe and ought to be set aside.

3. It is trite that an accused person is entitled to not only be charged with an offence recognize…

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