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Dickson Karisa Maya v. Republic

(2017) JELR 102716 (CA)

Court of Appeal  •  Criminal Appeal 60 of 2015  •  14 Dec 2017  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



1. This is a second appeal lodged by the appellant, against conviction and sentence by the Mombasa Senior Principal Magistrate’s court; which saw him sentenced to 16 years’ imprisonment. The appellant had been arraigned before the said court, to answer a charge of Defilement of a girl contrary to section 8(4) of the Sexual Offences Act No. 3 of 2006, whose particulars were given as follows:

DICKSON KARISA MAYA: On diverse days between 20th day of October, 2007 and 6th day of April, 2008 at [Particulars withheld] village in Mombasa District of the Coast Province, unlawfully and intentionally defiled M.D.L, a girl aged 16 years.

2. He denied the charge and hearing began, with the prosecution calling four witnesses. According to the M.D.L, the complainant (PW1), the appellant is a person well known to her and had borrowed her book sometime in September, 2007. Though he promised to return the book later in the day, he never did, prompting her to ask him about it. In res…

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