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Dickson Mboloi Mbithi v. Republic

(2020) JELR 102714 (CA)

Court of Appeal  •  Criminal Appeal 46 of 2016  •  24 Jul 2020  •  Kenya

William Ouko, Agnes Kalekye Murgor, Kathurima M'inoti



This appeal was heard remotely through Skype on 27th April 2020 because of the challenges posed to the administration of justice by the Covid-19 pandemic. The appellant, Dickson Mboloi Mbithi, participated through a video link to KitengelaPrison where he is serving his term of imprisonment, whilst his two advocates, Mr. Asitiba and Ms. Mwaniki, as well as Mr. Hassan Abdi for the Director of Public Prosecutions, similarly connected from Nairobi. We are grateful to the appellant and counsel for demonstrating that the challenges of the Covid-19 pandemic are not insurmountable and that with goodwill and co-operation, the administration of justice cannot be defeated by this pandemic.

On 25th November 2014 the High Court at Machakos dis-missed an appeal by the appellant against his conviction and sentence for the offence of rape contrary to section 3(1) of the Sexual Offences Act. Earlier on 23rd June 2012, the Principal Magistrate’s Court at Kajiado had convicted the ap…

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