William Kibet Ayabei v Republic (Criminal Appeal 77 of 2011) [2014] KEHC 135 (KLR) (11 July 2014) (Judgment)
- Court
- High Court of Kenya
- Case number
- 135
- Citation
- [2014] KEHC 135 (KLR)
- Decided
- 11 July 2014
The court finds that the trial magistrate did not err in law or fact in disregarding the Appellant's defence of conspiracy. The court also finds that the trial magistrate's failure to comply with Section 200(3) of the Criminal Procedure Code did not render the subsequent proceedings fatally defective.
Facts
The Appellant was charged with defilement and indecent act against a 12-year-old girl. The trial magistrate found the Appellant guilty and the Resident Magistrate upheld the decision.
Issues
- Whether the trial magistrate erred in law and in fact in disregarding the evidence of the Appellant's defence of conspiracy.
- Whether the trial magistrate's failure to comply with Section 200(3) of the Criminal Procedure Code rendered the subsequent proceedings fatally defective.
Reasoning
The court notes that the evidence corroborates the Complainant's testimony and the Appellant's defence of conspiracy was not supported. The court also concludes that the trial magistrate's failure to comply with Section 200(3) did not prejudice the Appellant.
Outcome
Affirmed
Authorities cited
Legislation (2)
- Sexual Offences Act
- Criminal Procedure Code
Cases cited (1)
- Okeno V. Republic, (1972) EA 32
Loading judgment…