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K.K v. Republic

(2010) JELR 100394 (CA)

Court of Appeal  •  Criminal Appeal 239 of 2008  •  25 Jun 2010  •  Kenya

Coram
Johnson Evan Gicheru, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

This is a second and final appeal by Karile Kimaniki (“the appellant” ), who was convicted on 22nd July, 2006 by Nanyuki Senior Resident Magistrate, R.N. Muriuki, for the offence of defilement of a girl contrary to section 145 (1) of the Penal Code. It had been alleged in the charge sheet laid before the trial court that on the 21st day of February, 2006 within Rift Valley Province, he unlawfully had carnal knowledge of N. L, a girl under the age of sixteen years. There was an alternative charge of indecent assault based on the same facts but no finding was made thereon after conviction on the main count. Upon his conviction, the appellant was sentenced to serve 25 years imprisonment with hard labour. His first appeal to the superior court (Kasango, J.) was dismissed, hence the appeal before us. The appellant has been unrepresented by counsel throughout and it is understandable therefore that the three grounds of appeal raised in his memorandum do not strictly ra…

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