Erick Iddi Shatala v Republic [2015] KEHC 1900 (KLR)
- Court
- High Court of Kenya
- Case number
- 1900
- Citation
- [2015] KEHC 1900 (KLR)
- Decided
- 14 October 2015
The appellant was convicted of defilement and sentenced to 20 years imprisonment. The court found the complainant's age was proved, and there was penetration. The court also found that sexual intercourse took place between the appellant and the complainant.
Facts
The appellant was charged with defilement of a girl aged 14 years, and alternative charges of indecent act with a child. The appellant denied both charges but was convicted on the main charge and sentenced to 20 years imprisonment.
Issues
- Whether the age of the complainant was proved
- Whether there was penetration
- Whether the appellant believed the complainant was over 18 years of age
- Whether any sexual encounter took place
- Whether the sentence was excessive
Reasoning
The court found the complainant's age was 15 years and 5 months old at the material time. The medical evidence showed spermatozoa and pus cells, indicating penetration. The court also found that the appellant and the complainant had sexual intercourse, despite the appellant's claim of condom use.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Sexual Offences Act No.3 of 2006
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