Jared Asa Owiti v Republic [2019] KEHC 644 (KLR)
- Court
- High Court of Kenya
- Case number
- 644
- Citation
- [2019] KEHC 644 (KLR)
- Decided
- 9 December 2019
The appellant's rights under Article 49(1) of the Constitution were not violated. The conviction under section 8(3) was not in violation of section 179(1) of the Criminal Procedure Code. The differences in OB numbers do not prejudice the appellant's rights. The defence was not considered by the trial court, which is a ground of appeal.
Facts
The appellant was charged with defilement and indecent act with a child, and found guilty by the trial court. He appealed on various grounds.
Issues
- Violation of Article 49(1) of the Constitution
- Conviction under section 8(3) instead of section 8(4)
- Defect in charge sheet
- Differences in OB numbers
- Defence not considered by the trial court
Reasoning
The appellant's right to be arraigned within 24 hours was not violated as the next working day after arrest was the day of arraignment. The conviction under section 8(3) was not in violation of section 179(1) of the Criminal Procedure Code. The differences in OB numbers do not vitiate the trial. The defence was not considered by the trial court.
Outcome
Appeal dismissed
Authorities cited
Legislation (3)
- Sexual Offences Act No. 3 of 2006
- Criminal Procedure Code
- Constitution of Kenya
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