Suleiman v Republic (Criminal Appeal E143 of 2023) [2025] KECA 1108 (KLR) (20 June 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1108
- Citation
- [2025] KECA 1108 (KLR)
- Decided
- 20 June 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from conviction and sentenceCoramP. O. KIAGE, W. KORIR, JOEL NGUGI
Holding
The court finds that the evidence was sufficient to prove the appellant's guilt beyond reasonable doubt and that his alibi defense was not credible. The conviction and sentence are upheld.
Facts
The appellant was charged with delement (penetration) contrary to the Sexual Offences Act, 2006, and convicted of the main charge. The complainant, a 10-year-old girl, testified that the appellant forced her to remove her clothes and delement her at a forest near Green Park.
Issues
- Whether the evidence was sufficient to prove the appellant's guilt beyond reasonable doubt
- Whether the appellant's rights under Article 49(1)(f), (i) and (g) of the Constitution were infringed
Reasoning
The court agreed with the trial judge's analysis and concluded that the evidence was sufficient to prove the appellant's guilt. The alibi defense was deemed unconvincing due to the appellant's failure to present it during cross-examination.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Sexual Offences Act, 2006
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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