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Martin Mati Syuki v. Republic

(2020) JELR 99261 (CA)

Court of Appeal  •  Criminal Appeal 12 of 2018  •  21 Feb 2020  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

[1] The appellant herein was arraigned before the Senior Resident Magistrate Court at Mwingi for the offence of defilement contrary to Section 8(1) of the Sexual Offences Act, as read with Section 8(2) of the same Act. He was alleged to have penetrated the vagina of BM (name withheld), a girl aged 31⁄2 years. He was tried, convicted of the offence, and sentenced to serve life imprisonment.

[2] The appellant who was aggrieved, appealed to the High Court challenging his conviction on ten grounds. The grounds included the contention that the minor was not subjected to voire dire examination before testifying; that the evidence against the appellant was riddled with contradiction and inconsistences; that the doctor’s report was irregularly produced in evidence; and that the rights of the appellant under section 211 of the Criminal Procedure Code were not explained to him.

[3] The learned Judge of the High Court (Dulu, J), after re-evaluating and analyzing the evidence o…

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