Japheth Okinda Angaga v Republic [2014] KEHC 762 (KLR)

Facts

The appellant was charged with defilement and an alternative charge of indecent act with a child. The complainant testified that she had a fall out with her father and stayed with the appellant for two weeks, during which time they engaged in sexual intercourse. The appellant was arrested and charged, but the complainant was not produced before court.

Issues

1. Appellant's constitutional rights were not raised before the trial court
2. Appellant assumed the complainant was over 18 years old
3. Appellant did not raise the defence of deception during the trial
4. Sentence of 10 years imprisonment instead of the minimum 15 years

Reasoning

The court dismissed the appeal due to the appellant's failure to raise the constitutional rights issue and the defence of deception during the trial. The sentence was upheld as the appellant was not forwarded for enhancement.

Outcome

Appeal dismissed

Authorities cited