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Muganga Chilejo Saha v. Republic

(2017) JELR 98868 (CA)

Court of Appeal  •  Criminal Appeal 28 of 2016  •  23 Jun 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

In dismissing the appellant's first appeal to the High Court Chitembwe, J was convinced that there was sufficient evidence on record from which the trial court properly found that the appellant committed the offence of defilement with PW1, a girl aged 8 years; that PW1 knew the appellant well being a neighbour; and that the incident occurred in broad day light. The learned Judge also concurred with the learned trial magistrate that PW1's age was established. With that he rejected the appellant's alibi defence and dismissed the appeal.

The appellant now brings this second appeal on the ground that there was no proof of PW1’s age; that section 19 of the Oaths and Statutory Declarations Act was not complied with; that vital witnesses were not called; that section 109 of the Evidence Act was violated; and that his defence was not considered.

Because this is a second appeal in which we are only concerned with issues of law, we intend only to outline briefly the evidence …

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