YUSUF SHIUNZI V. REPUBLIC

JUDGMENT OF THE COURT

On 18^th November 2016, Yusuf Shiunzi Kunani, the appellant herein was found guilty of the offence of defilement contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act. The particulars of the charge were that between 4^th November 2012 and 7^th November 2012 at Mwembe Tayari Location of the then Mombasa district unlawfully and intentionally caused his penis to penetrate the vagina of MN a child aged 16 years. The sentence meted out to the appellant by I. Ruguru, Esq, the then S.R.M Mombasa was 15 years. The appellant was dissatisfied with the outcome of the trial and filed an appeal at the High Court. On 27^th February 2017 Ongeri, J dismissed the appellant’s appeal.

Undeterred the appellant filed this appeal which came before us for hearing on 5^th November 2018. Learned counsel Mr. Hayanga appearing for the appellant abandoned the appellant’s homegrown grounds of appeal and relied on a memorandum of appeal filed on 12^th March 2018 as well as sup…