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Nathan Khaemba Makokha v Republic [2019] KECA 24 (KLR)

[2019] KECA 24 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
24
Citation
[2019] KECA 24 (KLR)
Decided
30 December 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureSecond AppealCoramGithinji, Okwengu, J. Mohammed, Judge of Appeal, Kimondo
Holding

The court finds that the prosecution proved its case against the appellant beyond reasonable doubt.

Facts

The appellant was charged with defilement of a child under 11 years. The complainant testified that she was defiled by the appellant on July 23, 2010, at his house.

Issues

  1. whether the charge was proved to the required standard
  2. whether the medical evidence was properly tendered
  3. whether the appellant's right to fair trial was infringed

Reasoning

The court upheld the concurrent findings of the lower courts, finding sufficient evidence that the complainant went to the appellant's house and was defiled by him.

Outcome

Affirmed

Authorities cited

Legislation (2)
  • Sexual Offences Act No. 3 of 2006
  • Criminal Procedure Code
Cases cited (4)
  • Chemagong v Republic
  • Rueben Karari s/o Karanja v Republic
  • Karani vs. R
  • Nathan Khaemba Makokha v 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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