SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Simon Lovone v Republic [2013] KEHC 1767 (KLR)

[2013] KEHC 1767 (KLR) High Court of Kenya
Read PDF
Court
High Court of Kenya
Case number
1767
Citation
[2013] KEHC 1767 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from original conviction and sentenceCoramG.K. KIMONDO
Holding

The conviction is upheld, but the sentence is set aside and substituted with life imprisonment.

Facts

The appellant was charged with defilement of a four-year-old girl, and was convicted and sentenced to 20 years imprisonment. The appellant appealed the conviction and sentence.

Issues

  1. Whether the charge was proved beyond reasonable doubt
  2. Whether the evidence of the minor was corroborated
  3. Whether the appellant's defence of an alibi was considered
  4. Whether there was clear medical evidence connecting the appellant with the offence
  5. Whether the sentence was too harsh

Reasoning

The court found the charge proved beyond reasonable doubt and the evidence corroborated. The appellant's alibi was found to be unbelievable. The court dismissed the appeal.

Outcome

Appeal dismissed, sentence set aside and substituted with life imprisonment

Authorities cited

Legislation (1)
  • Sexual Offences Act, No. 3 of 2006
Cases cited (4)
  • Njoroge v Republic [1987] KLR 99
  • Okeno v Republic [1972] EA 32
  • KariukiKaranja v Republic [1986] KLR 190
  • Wang'ombe v Republic [1976-80] KLR 1683
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.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case