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DM v. Republic

(2020) JELR 102963 (CA)

Court of Appeal  •  Criminal Appeal 7 of 2019  •  24 Jul 2020  •  Kenya

Coram
Martha Karambu Koome, Daniel Kiio Musinga, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

1. The appellant was convicted of the offence of incest contrary to section 20(1) of the Sexual Offences Act by the Chief Magistrates’ Court at Thika and sentenced to life imprisonment. His first appeal to the High Court against both conviction and sentence was unsuccessful, hence this second appeal.

2. The jurisdiction of this Court on a second appeal is well settled. In Karani v. Republic [2010] 1 KLR 73, the Court expressed itself as follows: -

This is a second appeal. By dint of the provisions of section 361 of the Criminal Procedure Code, we are enjoined to consider only matters of law. We cannot interfere with the decision of the Superior Court on facts unless it is demonstrated that the trial court and the first appellate court considered matters they ought not to have considered or that they failed to consider matters they should have considered or that looking at the evidence as a whole they were plainly wrong in their decision, in which case such omission…

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