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Kenya decisions
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High Court dismisses appeal against defilement conviction of a 16-year-old complainant, upholding a 15-year sentence on proof of age, penetration, and recognition evidence.
On first appeal, the High Court upheld a conviction for stupefying a 12-year-old child with intent to facilitate defilement under section 27 of the Sexual Offences Act, and affirmed the ten-year sentence.
High Court upheld a conviction for incest under Section 20(1) of the Sexual Offences Act where a father penetrated his 12-year-old daughter, and substituted a 30-year term with life imprisonment as mandatory.
The Bungoma Law Courts convicted Stephen Kimei of rape after finding penetration, identification and lack of consent proved, rejecting his alibi and erectile dysfunction defences.
On first appeal, the High Court quashed a defilement conviction: penetration and age were proved, but identification of the appellant as the perpetrator was not proved beyond reasonable doubt.
On first appeal, the High Court quashed a 20-year defilement conviction, finding penetration unproven where medical evidence showed only an old hymenal scar and the complainant's account was vague and contradictory.
The High Court dismissed a first appeal against a defilement conviction under Section 8 of the Sexual Offences Act, upholding the 20-year sentence and its commencement from the date of arrest.
On first appeal, the High Court upheld the conviction of two men for dealing in 12 elephant tusks without a permit, finding direct undercover evidence sufficient despite the absent informer and minor inconsistencies.
High Court allowed an appeal against a defilement conviction under section 8(2) of the Sexual Offences Act, quashing the conviction and setting aside the 30-year sentence because key witness evidence was unreliable and contradictory.
The High Court quashed a defilement conviction and set aside a 40-year sentence, finding identification unproved and the trial marred by a witness recalled without order and denial of State-funded counsel. Retrial was ordered.
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