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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

Keywords

Gender of victim

Gender of accused/perpetrator

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.

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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