Abdalla Kahaso Kombe v Republic [2017] KECA 39 (KLR)
- Court
- Court of Appeal
- Case number
- 39
- Citation
- [2017] KECA 39 (KLR)
- Decided
- 12 October 2017
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from the High Court judgmentCoramChitembwe, Karan, Koome
Holding
The conviction is upheld as the error in the charge sheet did not prejudice the appellant and the evidence of the victim was sufficient to establish the offence of defilement.
Facts
A.M.A. (17 years old) was defiled by the appellant, a herbalist, in a cave. The appellant was charged with defilement under the Sexual Offences Act.
Issues
- Defect in the charge sheet
- Defilement conviction based on the evidence of the victim
Reasoning
The court found that the error in the charge sheet was curable under Section 382 of the Criminal Procedure Code and that the victim's evidence was sufficient to establish the offence of defilement.
Outcome
Appeal dismissed
Authorities cited
Legislation (3)
- Sexual Offences Act
- Criminal Procedure Code
- Evidence Act
Cases cited (3)
- JMA vs. Republic
- Tumaini Maasai Mwanya vs. Republic
- Evans Wamalwa Simiyu vs. Republic
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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