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KKM v Republic (Criminal Appeal 9 of 2019) [2023] KECA 8 (KLR) (20 January 2023) (Judgment)

[2023] KECA 8 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
8
Citation
[2023] KECA 8 (KLR)
Decided
20 January 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from the High Court's judgmentCoramJ. Gatembu Kairu, P. Nyamweya, J. Lessit
Holding

The appeal is dismissed

Facts

On August 11, 2012, the appellant intentionally and unlawfully caused his penis to penetrate the vagina of MN, a 3-year-old girl in Malindi District.

Issues

  1. Prosecution failed to prove its case
  2. Medical evidence was incomplete and unreliable
  3. Victim's age was not proven
  4. Sentence was not within legal requirements

Reasoning

The court found that the prosecution did not prove its case and that the medical evidence was incomplete and unreliable.

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.
Full judgment 0.2 MB · PDF

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