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David Khisa v. Republic

(2016) JELR 104945 (CA)

Court of Appeal  •  Criminal Appeal 205 of 2013  •  17 Feb 2016  •  Kenya

David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu



The appellant was charged with the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act, 2006. The particulars of the offence were that on 26th December 2008 at Jua Kali Estate in Uasin Gishu, the appellant defiled JA, a minor aged about 8 years.

The appellant pleaded not guilty but after trial, he was convicted and sentenced to fifteen years imprisonment. His appeal to the High Court was dismissed and his sentence was enhanced from fifteen years to life imprisonment. This is an appeal against that judgment.

In his memorandum of appeal, the appellant challenges his conviction and sentence on the grounds that the charge against him was defective and that the complainant’s age was not proved.

At the hearing of the appeal, the appellant relied solely on the written submissions he had filed. In those submissions, he argued that whereas the particulars of the charge alleged that he committed the offence on 26th December 2006,…

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