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Sammy Chacha Chacha v. Republic

(2020) JELR 95123 (CA)

Court of Appeal  •  Criminal Appeal 107 of 2016  •  31 Jan 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

In this second appeal, the appellant Sammy Chacha Chacha, who was unrepresented by counsel, challenges the decision of the High Court at Migori (A. C. Mrima, J.) by which his first appeal was dismissed on 25th February, 2016. That appeal was against the conviction and sentence of 20 years imprisonment imposed on the appellant by the Acting Senior Resident Magistrate at Kehancha. It was for the offence of defilement contrary to section 8(1) as read with 8(3) of the Sexual Offences Act in that the appellant had on 12th September, 2014 at [particulars withheld] Village in Kuria East District of Kuria County, intentionally caused his penis to penetrate the vagina of ‘SBC’ a child aged 15 years.

That there was sexual intercourse between SBC and the appellant is not in dispute and the appellant readily admitted it. His consistent position and his contention before this Court is that he was entitled to an acquittal on the basis that SBC deceived him into not only believin…

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