Kelvin Yegon alias Hillary & another v Republic [2021] KEHC 8051 (KLR)
- Court
- High Court of Kenya
- Case number
- 8051
- Citation
- [2021] KEHC 8051 (KLR)
- Decided
- 15 March 2021
Summary at a glance
TypeCriminal AppealPostureAppeal from original conviction and sentenceCoramHon. P Achieng SPM
The defect in the charge sheet was not material and cannot stand as a ground of appeal since the Appellant was not prejudiced in any way and neither did it lead to a miscarriage of justice.
Facts
Appellant was convicted of rape and an indecent act with an adult, and sentenced to 15 years' imprisonment. The Appellant appealed both conviction and sentence.
Issues
- Whether the charge was defective
- Whether the ingredients of rape were proved
- Whether there was positive identification of the Appellant
- Whether the Appellant's defence was considered
Reasoning
The court held that the charge was properly read to the Appellant, who understood the charge and the particulars. The minor discrepancy in the time of the incident did not prejudice the Appellant.
Outcome
Affirmed the conviction and sentence
Authorities cited
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