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Simon Kipruto Simatei v. Republic

(2015) JELR 96290 (CA)

Court of Appeal  •  Criminal Appeal 231 of 2011  •  10 Dec 2015  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

On 12th May, 2005 the appellant was convicted on his own plea of guilty on two counts of defilement contrary to section 8 (1) as read with section 8 (2) of the Sexual Offences Act. In the first count, the appellant admitted that on 8th April, 2009 at [Particulars Withheld] Village, Kaptebe Location in Uasin Gishu District he defiled M. J., a girl aged 8 years. In the second count, the appellant admitted that on the aforesaid date and place as in count one he defiled J. J., a girl aged 9 years.

The trial court sentenced the appellant to 50 years’ imprisonment on each count but the sentences were ordered to run concurrently.

Being dissatisfied with the conviction and sentence, the appellant preferred an appeal to the High Court. He contended that the charges were not fully explained to him in the language he understood; that the police had threatened to kill him if he denied the charges; and that the sentence handed down was very harsh.

The High Court found that the pr…

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