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Sibo Makovo v. Republic

(1997) JELR 95208 (CA)

Court of Appeal  •  Criminal Appeal 39 of 1996  •  24 Sep 1997  •  Kenya

Coram
Amrittal Bhagwanji Shah, Abdulrasul Ahmed Lakha, Abdul Majid Cockar

Judgement

JUDGMENT OF THE COURT

The appellant, Sibo Makovo, was on the 7th day of July, 1994, convicted of the offence of defiling a girl contrary to section 145(1) of the Penal Code, by Mr. L . W. Gitari S.R.M. at Naivasha and was sentenced to a term of eight (8) years imprisonment and was ordered to receive four (4) strokes of the cane. He appealed against the said conviction and sentence to the superior court which appeal was dismissed by that court (Ondeyo J) save in regard to four (4) strokes of the cane which strokes were reduced to two (2).

The unfortunate victim of the defilement was B.A.E who was twelve years at the time of the defilement. The mother of B.A.E, E.O (PW1) saw the appellant who had come to her house. He asked of her the whereabouts of her neighbour for whom he had brought maize flour and cabbages. As the neighbour was not present the appellant left the flour and cabbages with PW1 telling her to pass the same to the neighbour.

At this time, B.A.E (PW2)was outside the house. T…

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