[2017] KEHC 1192 (KLR)
The court, upon reviewing the age assessment report prepared by Dr. Oyieke M.A., found that the appellant was 18 years old, thus of majority age. This finding confirmed that the appellant was not a minor at the time of conviction and sentencing. Consequently, there was no basis to disturb the conviction or sentence...
Source-derived case information.
- Citation
- [2017] KEHC 1192 (KLR)
- Parties
- Appellant: Erick Wanyonyi Simiyu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 78 of 2016
- Procedural Posture
- Criminal Appeal / Further Orders After Judgment and Age Assessment
- Outcome
- appeal dismissed
- Judges
- HK Chemitei
- Legal Topics
- Sexual Offences, Age Assessment, Sentencing, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Wanyonyi Simiyu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Further Orders After Judgment and Age Assessment
Legal Issues
- 1 Whether the appellant was a minor or of majority age at the time of conviction and sentencing.
- 2 Whether the appeal should be allowed or dismissed in light of the age assessment report.
Ratio Decidendi
The court, upon reviewing the age assessment report prepared by Dr. Oyieke M.A., found that the appellant was 18 years old, thus of majority age. This finding confirmed that the appellant was not a minor at the time of conviction and sentencing. Consequently, there was no basis to disturb the conviction or sentence as previously determined in the judgment dated 21/9/2017. The appeal was therefore dismissed, and the orders of the lower court were upheld.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed as per the judgment dated 21/9/2017.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
CRIMINAL APPEAL NO. 78 OF 2016
(Being an appeal arising from conviction and Sentence in Kitale Chief Magistrate’s Court Sexual Offence Case No. 49 of 2015 delivered by C.C. Kipkorir Resident oMagistrate on 4/8/2016)
ERICK WANYONYI SIMIYU …..APPELLANT
VERSUS
REPUBLIC …...………..…….RESPONDENT
FURTHER ORDERS
I have perused the Age Assessment report prepared by Dr. Oyieke M.A. dated 18/10/17 on behalf of the appellant as ordered by this court on 21/9/2017. I am satisfied that the appellant is aged 18 years and thus the age of the majority. The appeal is hereby dismissed as per the judgment dated 21/9/2017.
Delivered, signed and dated at Kitale on this 11th day of December, 2017
________________
H.K. CHEMITEI
JUDGE
11/12/17
In the presence of;
M/S Kakpi for the Respondent
Appellant – present
Court Assistant – Kirong/Silvia
Court: Directions given in court.