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Maurice Otieno Oduor v. Republic

(2015) JELR 99198 (CA)

Court of Appeal  •  Criminal Appeal 525 of 2010  •  24 Apr 2015  •  Kenya

Coram
Erastus Mwaniki Githinji, Philomena Mbete Mwilu, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

1. Maurice Otieno Oduor, the appellant was charged, tried, convicted and sentenced to life imprisonment for the offence of defilement contrary to the provisions of section 8(1)(2) of the SEXUAL OFFENCES ACT, Act No. 3 of 2006. He had faced two counts of the charges of defilement and an alternative one of indecent act with a child contrary to the provisions of section 11(1) of the SEXUAL OFFENCE ACT.

2. The appellant was dissatisfied with his conviction and sentence and appealed to the High Court. That appeal was unsuccessful hence this, appellant’s second attempt at protesting his innocence. In his Supplementary Grounds of Appeal the appellant alleges breaches of the provisions of Article 49(f)(a) and (b) of the 2010 Constitution, previously section 72(3)(6) of the retired Constitution and the provisions of sections 150, 169, 199 and 214 of the Criminal Procedure Code.

3. In the appellant’s written submissions he stated that his constitutional right was breached as …

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