Moses Mwarimbo Dau v Republic [2018] KECA 91 (KLR)
- Court
- Court of Appeal
- Case number
- 91
- Citation
- [2018] KECA 91 (KLR)
- Decided
- 6 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from conviction and sentence for defilementCoramALNASHIR VISRAM, W. KARANJA, M. K. KOOME
Holding
The appeal is dismissed as the error in the particulars of the charge did not prejudice the appellant.
Facts
ETF, a student, was defiled by her English teacher, Moses Mwarimbo Dau, multiple times. The appellant was also charged with organizing child prostitution and indecent assault.
Issues
- Defect in the particulars of the charge for defilement
- Appellant's age determination
Reasoning
The court found that the error in the particulars of the charge did not result in a miscarriage of justice and the appellant appreciated the nature of the charge.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Sexual Offences Act
Cases cited (3)
- Mwita vs. R [2004] 2 KLR 60
- Evans Wamalwa Simiyu vs. R [2016] eKLR
- JMA vs. R [2009] KLR 671
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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