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RS v. Republic

(2019) JELR 95168 (CA)

Court of Appeal  •  Criminal Appeal 186 of 2018  •  5 Aug 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

1. The appellant, RS was convicted by the R./lesident Magistrates court at Kitale for the offence of defilement contrary to section 8 (1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006, and sentenced to life imprisonment. Aggrieved by the judgment of the trial court, the appellant filed a first appeal in the High Court which appeal was dismissed by the High Court (Chemitei, J.) for lack of merit.

2. Undeterred, the appellant filed the appeal now before us. In his appeal the appellant impugns the judgment of the High Court on six grounds contending that the Judge erred in law: in failing to find that the medical evidence did not prove penetration, a key element of the charge of defilement; in failing to re-analyze the whole evidence as required of it as the first appellate court; and in disregarding the appellant’s defence without giving any cogent reasons. The two courts below were also faulted for superintending an unfair trial which went again…

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