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LETEYIU OLE PALAKESU vs REPUBLIC [2002] KEHC 511 (KLR)

[2002] KEHC 511 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
511
Citation
[2002] KEHC 511 (KLR)
Decided
18 March 2002
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from original conviction and sentenceCoramJESSIE LESIIT
Holding

The conviction and sentence are quashed and the case is ordered for retrial

Facts

The Appellant was convicted of two counts: defilement of a girl under 14 years old and indecent assault on a female.

Issues

  1. Whether the particulars of the charges disclosed an offence known to law
  2. Whether the conviction and sentence were correct

Reasoning

The charges did not allege unlawful carnal knowledge or indecent act, thus did not disclose an offence known to law.

Outcome

Quashed conviction and sentence, ordered retrial

Orders

  • Order for retrial of the case before a competent court

Authorities cited

Legislation (2)
  • Section 145(1) of the Penal Code
  • Section 144(1) of the Penal Code
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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