Morris Owino Ogunyo v Republic [2015] KEHC 5007 (KLR)
- Court
- High Court of Kenya
- Case number
- 5007
- Citation
- [2015] KEHC 5007 (KLR)
- Decided
- 12 March 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from original conviction and sentenceCoramE.N. MAINA
Holding
The appeal is dismissed. The appellant was properly convicted of Defilement. The defect in the charge sheet is curable under section 382 of the Criminal Procedure Code.
Facts
The appellant was charged with Defilement and Indecent Assault with a child. The complainant testified that the appellant, armed with a panga, accosted her, led her to a bush, defiled her, and promised to make her his second wife before cycling away.
Issues
- Defect in the charge sheet
- Lack of medical examination of the appellant
Reasoning
The court found the complainant`s evidence to be credible and sufficient to prove the appellant`s guilt. The defect in the charge sheet is not fatal.
Outcome
Appeal dismissed
Authorities cited
Legislation (3)
- Sexual Offences Act
- Criminal Procedure Code
- Evidence Act
Cases cited (2)
- Dennis Osoro OBIRI v Republic (2014) eKLR
- Geoffrey Kioji v Republic Criminal Appeal NO. 270 of 2010 (Nyeri)
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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