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Moses Mwarimbo Dau v. Republic

(2018) JELR 98910 (CA)

Court of Appeal  •  Criminal Appeal 7 of 2018  •  6 Dec 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram

Judgement

JUDGMENT OF THE COURT

1. Moses Mwarimbo Dau (the appellant), is before us on a second appeal challenging both his conviction and sentence for the offence of defilement. Consequently, our mandate in this appeal is restricted to consideration of points of law by dint of Section 361 of the Criminal Procedure Code. Briefly put, the law enjoins us not to interfere with the concurrent findings of fact by the two courts below unless such findings are based on no evidence, or are based on a misapprehension of the evidence, or the courts below are shown demonstrably to have acted on wrong principles in making the findings. See Mwita v. R [2004] 2 KLR 60.

2. Initially, the appellant together with one Stephen Onyango Biko were jointly charged in the Senior Resident Magistrate’s Court at Taveta with one count of organizing for child prostitution contrary to Section 15(a) of the Sexual Offences Act. In addition, the appellant was charged with an offence of defilement contrary to Section 8(1) as read…

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