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Enock Okari v. Republic

(2019) JELR 102435 (CA)

Court of Appeal  •  Criminal Appeal 186 of 2014  •  31 Jan 2019  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] Enock Okari (the appellant herein), was tried and convicted by the Senior Resident Magistrate’s Court at Kilgoris for the offence of rape contrary to section 3(1)(a) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve twenty (20) years imprisonment. He appealed to the High Court against his conviction and sentence. His appeal against conviction was dismissed, but the appeal against sentence was allowed. Consequently, the sentence was reduced to fifteen (15) years imprisonment.

[2] The appellant is now before us in this second appeal. He has filed a memorandum of appeal, as well as supplementary grounds. In brief, the appellant contends that the learned judge erred: in affirming the decision of the lower court as the evidence adduced against him was not sufficient to establish the charge; and that the sentence imposed by the learned judge was still harsh given the minimum sentence provided of ten (10) years.

[3] The appeal was opposed, and Mr. Ket…

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