HWN v Republic (Criminal Appeal 101 of 2019) [2023] KECA 295 (KLR) (17 March 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 295
- Citation
- [2023] KECA 295 (KLR)
- Decided
- 17 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from a conviction and sentenceCoramF Sichale, L Achode, W Korir
Holding
Appellant's conviction for delement is upheld, sentence affirmed
Facts
HWN was charged with delement and indecent act with a child aged 8 years. He denied the charges and was convicted and sentenced to life imprisonment.
Issues
- Appellant's alibi defense
- Discrepancy in witness names
Reasoning
Appellant failed to raise alibi defense early, prosecution established delement beyond reasonable doubt.
Outcome
Appeal dismissed
Orders
- Conviction for delement upheld
- Sentence affirmed
Authorities cited
Legislation (2)
- Sexual Offences Act No 3 of 2006
- Criminal Procedure Code
Cases cited (2)
- Victor Mwendwa Mulinge vs. R [2014] eKLR
- Karanja vs. R [1983] KLR 501
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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