Wilson Tarus Kandie v Republic [2019] KECA 233 (KLR)
- Court
- Court of Appeal
- Case number
- 233
- Citation
- [2019] KECA 233 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureSecond AppealCoramGithua, JUDGE OF APPEAL, NAMBUYE, MAKHANDIA & ODEK, JJ.A
Holding
The charge sheet was not defective as the specific offence of rape was disclosed and the appellant understood the charge.
Facts
The appellant was charged with rape and assault causing actually bodily harm. The victim, T J R, testified that the appellant forced her to have sexual intercourse.
Issues
- Defectiveness of the charge sheet
- Appellant's understanding of the charge
Reasoning
The court held that the charge sheet was sufficient as it contained the specific offence of rape, the date and time of the alleged offence, and the provision of law violated. The physical identity of the victim was not in dispute.
Outcome
Affirmed
Authorities cited
Legislation (3)
- Sexual Offences Act
- Criminal Procedure Code
- Penal Code
Cases cited (2)
- Karani vs. R (2010) 1 KLR 73
- Sigilani vs. Republic (2004) 2 KLR 480
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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