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JOHN LOKALA AKOLONG V. REPUBLIC

(2011) JELR 104754 (CA)

Court of Appeal  •  Criminal Appeal 15 of 2011  •  11 Nov 2011  •  Kenya

Coram
Emmanuel Okello O'Kubasu JA Alnashir Ramazanali Magan Visram JA John walter Onyango Otieno JA

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p> Following his conviction, after a trial, John Lokala Akolong, the appellant, was sentenced to 15 years imprisonment by the Senior Resident Magistrate’s Court ( T. Nzioki ) at Lodwar for the offence of rape contrary to section 3(1) as read with section 3(3) of the Sexual Offences Act. The particulars of the offence alleged that on the 20<sup>th</sup> February, 2009 in Turkana Central District within Rift Valley Province, intentionally and unlawfully committed an act which caused penetration to the genital organs of C.M without her consent. The appellant’s first appeal against conviction and sentence was dismissed by the High Court.</p><p>The evidence before the trial court which that court and the High Court accepted, was that at about 9 a.m. on 20<sup>th</sup> February, 2009 C.M (C ) (PW2), the complainant, was on her way home from the fishing area of E[...] when she encountered the appellant who she had known from before. The appellant asked her to stop, and slapped her. She attempted to mo…</p>

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