Kelvin Muthoni Makembo v Republic [2021] KEHC 3658 (KLR)
- Court
- High Court of Kenya
- Case number
- 3658
- Citation
- [2021] KEHC 3658 (KLR)
- Decided
- 29 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureFirst AppealCoramA. K. Murgor, D. K. Maraga, D. K. Maraga
Holding
The appeal is dismissed. The charge sheet was not defective, and the particulars were sufficient. The evidence supported the charge of defilement.
Facts
The appellant was charged with defilement of a 16-year-old girl, C.K., on various dates between January 3 and January 4, 2019. The appellant pleaded not guilty and was convicted and sentenced to 15 years in prison.
Issues
- Defect in the charge sheet
- Insufficiency of particulars in the charge sheet
- Inconsistencies in the prosecution evidence
Reasoning
The court found that the charge sheet was not defective and that the particulars were sufficient to disclose the nature of the offence charged. The evidence supported the charge of defilement.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Sexual Offences Act No. 3 of 2006
Cases cited (4)
- Okweno-v-Republic (1972) E.A
- Kiilu & Another -v- Republic (2005) 1 KLR
- Erick Onyango Odeng-v- Republic(2014) eKLR
- Kazungu Katana -v- Republic (2017) eKLR
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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