ADAM MEEME KITHINJI v REPUBLIC [2011] KEHC 1544 (KLR)

Facts

The appellant was convicted of defilement of a girl, and sentenced to 20 years imprisonment. The complainant was walking alone when the appellant defiled her.

Issues

1. Whether the trial magistrate erred in law by not complying with section 211 of the Criminal Procedure Code
2. Whether the learned trial magistrate erred in law and fact by convicting the appellant in an offence that was not proved beyond reasonable doubt
3. Whether the learned trial magistrate erred in law in trying a matter which he did not have the requisite jurisdiction to so hear
4. Whether the learned magistrate erred in law in sentencing an accused person in a matter that he had no opportunity to hear
5. Whether the sentence imposed against the appellant was too harsh and excessive

Reasoning

The court found that the trial magistrate did not err in law and that the sentence was within the legal limits.

Outcome

Appeal dismissed

Authorities cited