Reuben Nyamai Bichange v Republic [2005] KECA 357 (KLR)
- Court
- Court of Appeal
- Case number
- 357
- Citation
- [2005] KECA 357 (KLR)
- Decided
- 1 July 2005
The conviction on defilement charge is set aside, and the appellant is convicted on the indecent assault charge. The sentence of 12 years with six strokes of the cane is set aside, and the appellant is sentenced to five years imprisonment with hard labour.
Facts
The appellant was charged with defilement and indecent assault. The High Court acquitted on defilement but convicted on indecent assault. The appellant was sentenced to 12 years with six strokes of the cane.
Issues
- Correctness of conviction on defilement charge
- Conversion of acquittal to conviction under Criminal Procedure Code
Reasoning
The High Court had no power to convert an acquittal into a conviction under section 364(4) of the Criminal Procedure Code. The conviction on defilement charge is nullified, and the conviction on indecent assault charge is upheld.
Outcome
Appeal successful in setting aside conviction on defilement charge and upholding conviction on indecent assault charge.
Orders
- Conviction on defilement charge set aside
- Conviction on indecent assault charge upheld
- Sentence of 12 years with six strokes of the cane set aside
- Sentenced to five years imprisonment with hard labour
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
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