Samuel Mburu Wanyoike v Republic [2018] KECA 350 (KLR)
- Court
- Court of Appeal
- Case number
- 350
- Citation
- [2018] KECA 350 (KLR)
The court held that the ingredients of the offence of defilement were proved to the required standard, and there was no need for the appellant to be subjected to a medical examination. The court also held that the time the appellant spent in custody prior to sentence should not have been taken into account.
Facts
The appellant was convicted of defilement of a seven-year-old child, DN, by penetration with his penis. The appellant was sentenced to life imprisonment.
Issues
- Whether the ingredients of the offence of defilement were proved to the required standard.
- Whether it was necessary for the appellant to be subjected to a medical examination to prove the offence.
- Whether the time the appellant spent in custody prior to sentence should have been taken into account.
Reasoning
The court considered the evidence and held that penetration was proved, and that the appellant was not required to be subjected to a medical examination. The court also noted that the time spent in custody prior to sentence should not have been taken into account.
Outcome
Affirmed
Authorities cited
Legislation (3)
- Criminal Procedure Code
- Sexual Offences Act
- Penal Code
Cases cited (7)
- Dzombo Mataza vs. R
- Karingo v Republic
- Stephen Nguli Mulili vs Republic
- Mark Oiruri Mose vs R
- Evans Wamalwa Simiyu vs Republic
- AML v Republic
- Kassim Ali v Republic
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