Jumapili v Republic (Criminal Appeal 128 of 2022) [2024] KECA 692 (KLR) (25 January 2024) (Judgment)

Facts

The appellant, Hassan Jumapili, was convicted of delement contrary to Section 8(2) of the Sexual Offences Act. The complainant, PW1, testified that she was 14 years old, left school at 5:00 p.m. on July 14, 2015, and was taken by the appellant to his house where they had sexual intercourse. The appellant's grandmother later confirmed the incident.

Issues

1. The High Court erred in failing to find that the complainant's conduct was not consistent with delement due to her running away to Tanzania.
2. Penetration was not proved to the required standard.
3. The appellant's constitutional rights were violated because he was not provided with witness statements and other documentary evidence by the prosecution.
4. The sentence imposed was harsh and excessive.

Reasoning

The Court dismissed the appeal, noting that the appellant followed the proceedings keenly and participated in the trial by cross-examining prosecution witnesses. The Court also found that the prosecution provided all evidence before the trial commenced.

Outcome

Appeal dismissed

Authorities cited