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JARED OKOTH AKUNO V. REPUBLIC

(2019) JELR 101044 (CA)

Court of Appeal  •  Criminal Appeal 154 of 2015  •  21 Nov 2019  •  Kenya

Coram
Daniel Kiio Musinga JA Agnes Kalekye Murgor JA Stephen Gatembu Kairu JA

Judgement

JUDGMENT OF THE COURT

[1] The appellant was convicted by the trial court on his own plea of guilty to a charge of defilement contrary to section 8(1) and (3) of the Sexual Offences Act, 2006 and sentenced to 20 years’ imprisonment. The appellant had defiled a child aged 13 years.

That notwithstanding, the appellant preferred an appeal to the High Court (D. S. Majanja, J.) against the conviction and sentence. His appeal was however unsuccessful.

[2] The appellant preferred a second appeal to this Court. In his self-drawn memorandum of appeal, the appellant alleged that the age of the complainant was not proved; that the doctor who filled the P3 form was not called to testify; and that the sentence was quite severe, considering that he was barely 18 years old at the time he was convicted and sentenced.

[3] When the appeal came up for hearing, the appellant relied on his one page written submissions that he briefly highlighted.

[4] Mr. Kakoi, learned Principal Prosecution Counsel, opposed the…

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