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S J M v. Republic

(2016) JELR 93975 (CA)

Court of Appeal  •  Criminal Appeal 95 of 2014  •  11 Mar 2016  •  Kenya

Milton Stephen Asike Makhandia



On 29th July 2010, the Senior Resident Magistrate’s Court at Taveta convicted the appellant, S J M, for the offence of defilement of a girl contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act. The particulars of that offence were that on 25th November 2009 at Lesesia, Taveta, the appellant “had unlawful carnal knowledge” of MS, a girl under the age of 11 years. The appellant also faced an alternative charge of “indecent assault” of a female contrary to section 11(1) of the Sexual Offences Act, the particulars being that on the date and at the place earlier referred to, he touched MS’s private parts. The appellant was convicted of the main charge and sentenced to 30 years imprisonment instead of the prescribed life imprisonment.

Aggrieved by the decision, he lodged an appeal in the High Court. Not only did Odera, J., on 4th February 2014, dismiss the appeal, but the learned judge also set aside the sentence of 30 years imprisonment and subs…

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