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Samwel Otimba Eshiwani v. Republic

(2014) JELR 95278 (CA)

Court of Appeal  •  Criminal Appeal 7 of 2012  •  11 Apr 2014  •  Kenya

John Wycliffe Mwera, William Ouko, Jamila Mohammed



The appellant herein has come before us on a second appeal, the first having been dismissed by the High Court (Azangalala, J.) as he then was on 10th November, 2011.

The appellant was charged in the Chief Magistrate's Court at Eldoret with the offence of defilement of a child at [particulars withheld], Lugari contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act (No.3/06). He faced an alternative charge of committing an indecent act with a child contrary to Section 11(1) of the said Act. After trial he was found guilty of the charge of defilement and sentenced to 20 years imprisonment with effect from 16th November, 2009.

His appeal to the High Court at Eldoret was heard and dismissed on 10th November, 2011 thereby confirming the conviction and sentence.

Arguing the present appeal in person, the appellant had five grounds, stating that the actual date of the alleged incident was not ascertained; there was no independent witness called to testiā€¦

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