Chome v Republic (Criminal Appeal 92 of 2022) [2023] KECA 69 (KLR) (3 February 2023) (Judgment)

Facts

The appellant, Onesmus Shauri Chome, was accused of defilement by a 13-year-old complainant. The trial court found the appellant guilty and sentenced him.

Issues

1. What were the ingredients of the offence of defilement?
2. Whether the trial court's failure to comply with section 211 of the Criminal Procedure Code constituted a procedural irregularity that would prejudice an accused's right to a fair trial.
3. Whether the accused's counsel proceeding to present the accused's defense despite the trial court's failure to inform the accused of his options under section 211 of the Criminal Procedure Code constituted the accused fully exercising his rights under section 211.
4. Whether the principle established in Francis Karioko Muruatetu & Another v Republic [2017] eKLR applied to cases under the Sexual Offences Act.

Reasoning

The ingredients of the offence of defilement were age of the complainant and penetration. The complainant was 13 years old and had sexual intercourse with the appellant on numerous occasions. The trial court's failure to inform the accused of his options under section 211 of the Criminal Procedure Code did not constitute a procedural irregularity that would prejudice the accused's right to a fair trial.

Outcome

Affirmed the conviction and sentence of the High Court.

Authorities cited