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Patrick Kathurima v. Republic

(2015) JELR 95072 (CA)

Court of Appeal  •  Criminal Appeal 131 of 2014  •  9 Jul 2015  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

Patrick Kathurima (the appellant) was charged, tried and convicted by the Senior Principal Magistrate at Meru on a charge of defilement contrary to Section 8(1) of the Sexual Offences Act, No. 3 of 2006. It was alleged that on the 4th day of April 2008, in Meru Central District of Eastern Province, he defiled DK a child aged 13 years. That conviction earned him a sentence of 20 years imprisonment. His appeal against both was on 22nd October 2013 dismissed by the High Court sitting at Meru (Gikonyo J), hence the present appeal.

At the hearing of the appeal, the appellant’s learned counsel Miss Nelima abandoned a four-ground Memorandum of Appeal previously filed by the appellant in person and instead argued the grounds in her Supplementary Memorandum of Appeal dated 8th June 2015 raising the following points of law;

  • The Magistrate’s failure to conduct a voir dire on the child complainant vitiated the trial.
  • The learned Judge failed to conduct a fresh and exhaustive eva…

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