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Joel Omino Ngutu v Republic [2013] eKLR DISPOSITION The foregoing not withstanding, this appeal fails in relation to the conviction but succeeds with respect to the sentence which is reduced from life imprisonment reduced to 15 years imprisonment. Signed, dated and delivered this 22nd day of November 2013. ONESMUS MAKAU JUDGE While the design, structure and metadata of the Case Search database are licensed by Kenya Law under a Creative Commons Attribution-ShareAlike 3.0 Unported License, the texts of the judicial opinions contained in it are in the public domain and are free from any copyright restrictions. Read our Privacy Policy | Disclaimer http://www.kenyalaw.org - Page 5/5 Powered by TCPDF (www.tcpdf.org)

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Criminal Appeal no. 10 of 2013: Joel Omino Ngutu (appellant) versus Republic (respondent)

Cases

Country

Latitude: -1.303208

Longitude: 36.777356712

Country (linked Cases): Kenya

Court location: Kenya: Kisumu

Court: Kenya: High Court, Kenya

Date of judgement: Nov 22, 2013

Complainant: Joel Omino Ngutu

Articles alleged: Sexual Offences Act, sections 8(1) and 8(2)

Articles violated: Sexual Offences Act, sections 8(1) and 8(2)

Keywords

Courts
Death penalty
Defilement (Rape of children)
Evidence

Gender of victim

Male: Boy (under 18)

Gender of accused/perpetrator

Male: Man (18+)

Language: English

Summary: This is an appeal from the judgment of the Senior Resident Magistrate at Maseno by which the appellant was convicted of defilement contrary to section 8 (1) (2) of the Sexual Offences Act and sentenced to serve life imprisonment. The issues for determination are whether the offence of defilement was proved beyond reasonable doubt and secondly whether the life sentence awarded to the appellant was excessive and erroneous. This court finds that by ignoring mitigating factors and failing to order for age assessment of the perpetrator, the trial court erred by awarding the maximum sentence. The sentence is reduced to 15 years imprisonment.

Primary Documents

Kenya-case-High Court-Kisumu-Joel Omino Ngutu-Criminal Appeal No. 10 of 2013-2013-eng.pdf
English
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Kenya-Cas-Haute Cour de Kisimu-Joel Omino Ngutu-Appel 10 de 2013-2013-fr-pdf.pdf
French
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IHRDA SGBV Database

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Criminal Appeal no. 10 of 2013: Joel Omino Ngutu (appellant) versus Republic (respondent)

Primary Documents

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