James Charo alias Kidero v Republic (Criminal Appeal 11 of 2019) [2022] KECA 13 (KLR) (4 February 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 13
- Citation
- [2022] KECA 13 (KLR)
- Decided
- 4 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from the High Court of Kenya at MalindiCoramD. K. MUSINGA, S. GATEMBU KAIRU, S. ole KANTAI
Holding
The prosecution proved all the key ingredients of the offence of delement, and the conviction and sentence were sound.
Facts
The appellant, James Charo alias Kidero, was charged with delement contrary to section 8(4) of the Sexual Offences Act No. 3 of 2006. The victim, FC, was a 17-year-old girl who became pregnant after engaging in sexual intercourse with the appellant. The appellant was convicted and sentenced to 15 years' imprisonment.
Issues
- Whether the trial magistrate erred in law and fact by failing to consider the exact age of the victim at the time of the alleged offence.
- Whether the trial magistrate erred in law and fact by failing to consider the absence of a paternity test.
- Whether the trial magistrate erred in law and fact by failing to consider the time gap between the alleged offence and the report to the police.
Reasoning
The court found that the evidence of FC identifying the appellant as the person who had intercourse with her was credible. The absence of a paternity test and the time gap between the alleged offence and the report to the police were not determinative.
Outcome
Appeal dismissed
Orders
- The irregularity in the charge sheet was noted but not considered to have affected the appellant's rights.
- The sentence imposed on the appellant was lawful and not interfered with.
Authorities cited
Legislation (1)
- Sexual Offences Act No. 3 of 2006
Cases cited (2)
- Williamson Sowa
- George Kioji
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.
Loading judgment…