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Daniel Kipngetich Sang v. Republic

(2012) JELR 102923 (CA)

Court of Appeal  •  Criminal Appeal 33 of 2007  •  27 Sep 2012  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, David Kenani Maraga, Martha Karambu Koome

Judgement

JUDGMENT OF THE COURT

1. This Court differently constituted made an order on 29th March, 2011, by which the appellant was given leave to adduce further evidence in line with the provisions of section 361(1)(b) of the Criminal Procedure Code. Consequently, the appellant adduced documentary evidence by producing his birth certificate which shows that he was born on 8th October, 1988. This is a second appeal which only turns on points of law and the legality of the sentence handed down to the appellant being an issue.

2. The appellant, DANIEL KIPNGETICH SANG was charged with the offence of rape contrary to Section 140 of the Penal Code. The particulars of the charge that stated on 13th August, 2002 at [particulars withheld] of the Rift Valley, jointly with others not before court, he unlawfully had carnal knowledge of E C without her consent. The appellant was also charged with an alternative charge of indecent assault but after the trial, he was convicted of the main charge, and upon conv…

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