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Daniel Otieno Oracha v. Republic

(2009) JELR 102885 (CA)

Court of Appeal  •  Criminal Appeal 320 of 2008  •  5 Aug 2009  •  Kenya

Coram
Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

DANIEL OTIENO ORACHA, the appellant herein, was after trial convicted by the Principal Magistrate, Siaya, of defilement contrary to section 8 (3) of the Sexual Offences Act No. 3 of 2006 and sentenced to 21 years imprisonment. He appealed to the High Court of Kenya at Kisumu but the appeal was summarily rejected on 4th May, 2009 by Karanja, J. under section 352 (2) of the Criminal Procedure Code. This is therefore the appellant’s second appeal.

An appeal falls within section 352 (2) aforesaid only if the grounds of appeal raise any one or both of the following points: -

i) The conviction is against the weight of evidence, or

ii) The sentence is excessive.

Before a judge summarily dismisses an appeal under this section he must first peruse the record and proceed to consider the evidence and/or sentence, and, if it appears to him that the conviction is supported by enough evidence and it is right and there are no circumstances which lead him to form the opinion that the…

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