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Joshua Kathoka Maluki v. Republic

(2020) JELR 100546 (CA)

Court of Appeal  •  Criminal Appeal 11 of 2018  •  21 Feb 2020  •  Kenya

Coram
Wanjiru Karanja, William Ouko, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The High Court, (Dulu, J.) dismissed the appellant’s first appeal and upheld his conviction on two counts of defilement of two female children and sentence to life imprisonment.

He now comes to this Court by way of a second appeal to challenge that dismissal on the grounds that the learned Judge erred in law by failing to observe that medical evidence did not prove that he had committed the offence, sentencing him to life imprisonment term in violation of the Constitution since he was a minor; failing to consider that the voire dire was not conducted in the correct manner; failing to find that the charges against him were defective; and imposing a mandatory sentence contrary to the Constitution.

The appellant, appearing in person, relied fully on his written submissions and found no purpose to make oral highlight. He submitted on the first ground that the prosecution failed to prove its case to the required standard, medical evidence being inconclusive that he had c…

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