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Rashid v Republic (Criminal Appeal 90 of 2021) [2023] KECA 596 (KLR) (26 May 2023) (Judgment)

[2023] KECA 596 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
596
Citation
[2023] KECA 596 (KLR)
Decided
26 May 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from the Judgment of the High Court of Kenya at Nairobi (L. Kimaru, J.) dated 22nd February, 2019 in HC. CR. A No. 122 of 2016CoramA. K. MURGOR, S. ole KANTAI, M. GACHOKA, CIArb, FCIArb
Holding

The appeal is dismissed on all grounds.

Facts

The appellant, Hassan Abdulahi Rashid, was charged with delement (sexual assault) against a child named TW, aged 8 years. The assault allegedly occurred on various dates between June 2013 and April 9, 2014, at undisclosed locations in Nairobi county. The child and her friend were allegedly locked in a room, and the appellant sexually assaulted the child multiple times.

Issues

  1. The credibility of the prosecution's evidence
  2. The identity of the appellant
  3. Consistency of the prosecution's evidence

Reasoning

The court found the prosecution's evidence consistent and credible, and the identity of the appellant was established. The court also found no inconsistencies in the prosecution's evidence.

Outcome

Appeal dismissed

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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