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JAMIN WAFULA WAMBILANGA V. REPUBLIC

(2019) JELR 101079 (CA)

Court of Appeal  •  Criminal Appeal 147 of 2014  •  26 Jun 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] The appellant, Jamin Wafula Wambilanga, has appealed to this Court against the judgment of the High Court which upheld his conviction for defilement of a child, ZK (name withheld) contrary to Section 8(1) as read with section 8(3) of the Sexual Offences Act No. 3 of 2006 and affirmed a sentence of twenty (20) years imprisonment thereof meted out in Criminal Case No.166 of 2010 at Butere, by the then Senior Resident Magistrate, D.O. Ogembo.

[2] In his judgment, the learned judge of the High Court found that the evidence adduced against the appellant was sufficient to prove the charge of defilement against the appellant to the required standard of proof beyond any reasonable doubt; that the appellant was caught red handed in the act; and that the defence of the appellant did not in any way dent the strong case against him.

[3] In his appeal to this Court, the appellant through his advocates Mr. B. Onsongo, relied on his Supplementary Memorandum of Appeal in which …

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