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Tom Joash Lipure & another v. Republic

(2015) JELR 96785 (CA)

Court of Appeal  •  Criminal Appeal 34 of 2013  •  12 Feb 2015  •  Kenya

Coram
David Kenani Maraga, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

1. Both THOMAS JOASH LIPURE and JASEPH MUTEREMA were charged with the offence of gang rape contrary to Section 10 of the Sexual Offences Act. In the alternative they were charged with indecent assault contrary to Section 11(1) of the same Act. They pleaded not guilty to both the charges but after trial they were convicted on the main count and were each sentenced to 20 years imprisonment. Their appeals to the High Court were dismissed thus provoking this second appeal.

2. In their memoranda of appeal, the appellants have raised more or less the same grounds of appeal which are that they were detained for more than 24 hours before they were taken to court; that the charge against them was incurably defective; that contrary to Articles 49 and 50 of the Constitution they were not afforded a fair trial; that there was no sufficient evidence to support their conviction; and that the learned High Court Judge failed to properly re-evaluate the evidence on record.

3. At theā€¦

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