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SAMUEL JUMA MANYONGE v REPUBLIC [2011] KEHC 4254 (KLR)

[2011] KEHC 4254 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4254
Citation
[2011] KEHC 4254 (KLR)
Decided
18 July 2011
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from a conviction and sentenceCoramF. N. MUCHEMI
Holding

The conviction and sentence are upheld

Facts

The Appellant, Samuel Juma Manyonge, was convicted of an indecent act with a child aged six years. The complainant testified that the Appellant carried her, undressed her, and had sexual intercourse with her, causing bruises and bleeding.

Issues

  1. Conviction and sentence
  2. Remand in police custody

Reasoning

The evidence corroborated the complainant's testimony, proving the offence beyond reasonable doubt. The sentence is reasonable given the child's tender age and the seriousness of the offence.

Outcome

Appeal dismissed

Remedies

  • Civil proceedings for compensation under section 72 (6) of the repealed constitution for the over-remand in police custody

Authorities cited

Legislation (2)
  • Sexual Offences Act
  • Repealed Constitution
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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