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Raphael Kavoi Kiilu v. Republic

(2010) JELR 96612 (CA)

Court of Appeal  •  Criminal Appeal 198 of 2008  •  5 Mar 2010  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The appellant Raphael Kavoi Kiilu was in the trial court namely the Kajiado Senior Resident Magistrate Court, charged with defilement of a child aged 31⁄2 years contrary to section 8(2) of the Sexual Offences Act 2006. It was alleged that on the 23rd day of September, 2006 in Kajiado District within Rift Valley Province, the appellant had carnal knowledge of a girl aged 31⁄2 years. The trial court found the appellant guilty as charged and meted out to him a life sentence.

On 14th October, 2008 the superior court dismissed the appellant’s appeal and upheld both the conviction and sentence.

The appellant has filed a second appeal to this Court citing the following grounds:-

1. The learned judge erred in law to consider that I was charged on a defective charge as laid (sic) on the charge sheet on the particulars of the offence as the particulars has failed to include the word “unlawful” contrary to CRIMINAL LAW, PROCEDURE AND PRACTICE.

2. That my sentence was not proper,…

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