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David Ntabo Ondieki v. Republic

(2015) JELR 105266 (CA)

Court of Appeal  •  Criminal Appeal 20 of 2014  •  23 Oct 2015  •  Kenya

David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor



David Ntabo Ondieki was, upon trial, before the Resident Magistrate at Kisii for the offence of defilement of a girl contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act, convicted and sentenced to life imprisonment. His appeal to the High Court having been dismissed he has come to this Court on a second appeal.

Arguing the two grounds on the appellant’s memorandum of appeal, Mr. Soire, learned counsel for the appellant, submitted that, as is clear from the record of this appeal, the trial court’s proceedings of 26th October 2010 were not interpreted into a language that the appellant understood. In the circumstances, counsel said that violated the appellant’s constitutional right to a fair trial and vitiated the proceedings.

On the second ground, counsel argued that the appellant was convicted on uncorroborated and insufficient evidence. He particularly emphasized that contrary to the prosecution case that the complainant was defiled at 8.0…

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