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Samuel Olima Gombe v. Republic

(2020) JELR 95156 (CA)

Court of Appeal  •  Criminal Appeal 21 of 2012  •  7 Aug 2020  •  Kenya

Martha Karambu Koome, Hannah Magondi Okwengu, Milton Stephen Asike Makhandia



Although the appellant Samuel Olima Gombe has listed 5 grounds for consideration in this appeal, in reality the main issue is simply whether the learned Judge of the High Court (Ang'awa J.) was right in summarily rejecting the appeal lodged by the appellant. Such summary rejection of the appeal was pursuant to section 352(2) of the Criminal Procedure Code.

The appellant was convicted for the offence of defilement of a girl contrary to section 8(2) of the Sexual Offences Act. Upon conviction by the Principal Magistrate's Court at Kericho, he was sentenced to life imprisonment as the victim was aged below 11 years.

Dissatisfied with the conviction and sentence, the appellant preferred an appeal in the High Court of Kenya at Kericho on grounds that the case against him was not proved as required in law; that the proceedings were conducted in a language he did not understand; that the case was a frame up and finally, that the sentence imposed was manifestly harsh and ex…

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