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(2015) JELR 102753 (CA)

Court of Appeal  •  Criminal Appeal 24 of 2015  •  31 Jul 2015  •  Kenya

John Wycliffe Mwera, Jamila Mohammed, Fatuma sichale



The appellant DENNIS LESKAR LOISHIYE was charged with the offence of rape contrary to section 3(1) as read with section 3 (3) of the Sexual Offence Act No. 3 of 2006. The particulars of the charge were that on the 17th April 2007 at [particulars withheld] Estate within Kayole Division in Nairobi Area, intentionally and unlawfully committed an act which caused penetration with his male genital organ into the female genital organ of C M N without her consent. He was arrested on 9th June 2007 and arraigned in court on 22nd June 2007. He pleaded not guilty. Thereafter the trial proceeded before T. Ngugi the then Principal Magistrate Nairobi who on 22nd June, 2011 found him guilty and sentenced him to 20 years imprisonment.

The appellant was dissatisfied by the conviction and sentence and he filed an appeal in the High Court. On 14th May, 2014 Mbogholi J dismissed the appellant’s appeal and hence this appeal.

In his memorandum of appeal filed on 24th August, 2014, the ap…

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