Lokitesa Lokisa v Republic [2019] KECA 516 (KLR)
- Court
- Court of Appeal
- Case number
- 516
- Citation
- [2019] KECA 516 (KLR)
- Decided
- 28 June 2019
The court dismissed the appeal, affirming the conviction and sentence. The court found that the prosecution proved the charges beyond reasonable doubt and that the sentence was not manifestly excessive.
Facts
The appellant, Lokitesa Lokisa, was charged with defilement and indecent act with a child. The appellant was accused of sexually assaulting JK, a 16-year-old girl, on December 4, 2010, and sodomizing her in a bush. The appellant was arrested and charged, and the victim's testimony and medical evidence supported the prosecution's case.
Issues
- Whether the prosecution proved the charges beyond reasonable doubt
- Whether the charge sheet was defective
- Whether the appellant was denied a material witness
- Whether the appellant's conviction was based on insufficient evidence
- Whether the sentence was manifestly excessive
Reasoning
The court found that the inconsistencies in the appellant's defense were inconsequential and did not prejudice him. The court also found that the appellant's conviction was based on credible evidence, including the victim's testimony and medical evidence.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Sexual Offences Act
- Criminal Procedure Code
Cases cited (1)
- Bernard Kimani Gacheru V Republic (2002) eKLR
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