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Edward Katana Safari v. Republic

(2018) JELR 98376 (CA)

Court of Appeal  •  Criminal Appeal 54 of 2017  •  17 May 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. Edward Katana Safari (the appellant) in an attempt to take a second bite at the cherry has preferred this second appeal challenging his conviction and sentence for the offence of defilement. Our role as the second appellate court was succinctly set out in Karani v. R [2010] 1 KLR 73 wherein this Court expressed:-

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 or commission would be treated as matters of law.”

2. The facts giving rise to the appeal are that on 7th December, 2013 at around 7:…

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