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David Esokon Samuel v. Repulic

(2019) JELR 102869 (CA)

Court of Appeal  •  Criminal Appeal 96 of 2015  •  6 Mar 2019  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] David Esokon Samuel (hereinafter referred to as the appellant), was tried and convicted by the Senior Resident Magistrate’s Court at Kitale, for the offence of defilement of the complainant (name withheld), a girl aged eight years old contrary to section 8(2) of the Sexual Offences Act. He was sentenced to life imprisonment. He appealed to the High Court against his conviction and sentence. The High Court (J. R. Karanja J), dismissed his appeal. The appellant is now before us in this second appeal.

[2] In the original ground of appeal, the appellant faulted the learned judge of the first appellate court for failing to warn himself that no exhibits were produced in evidence; in failing to note that the appellant was not taken for any medical examination in order to connect him with the alleged offence; in failing to note that crucial key witnesses were not called to testify; in dismissing the appeal without considering that the age of the complainant was not est…

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