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|Case Number:||Criminal Appeal 100 of 2009|
|Parties:||ISMAEL KHADAMBI v REPUBLIC|
|Date Delivered:||13 Apr 2011|
|Court:||High Court at Kakamega|
|Citation:||ISMAEL KHADAMBI v REPUBLIC  eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
IN THE HIGH COURT OF KENYA
CRIMINAL APPEAL NO.100 OF 2009
ISMAEL KHADAMBI .................................................................................................................. APPELLANT
V E R S U S
J U D G M E N T
2. I have read the record and according to PW1, M.W. aforesaid, on the material date, the Appellant invited her to his house, gave her some food to eat and when she finished eating and rose to leave, he grabbed her, placed her on his bed and proceeded to defile her. He covered her mouth with his hand and threatened her and when he released her, she went to the local police station where PW4, Roselina Aula of Serem Police Station, recorded her complaint and sent her to hospital.
4. PW2, C.M, mother of PW1 received a report that her daughter had been defiled and went to see her at the local hospital and she noted that her private parts were swollen.
6. I have taken into account the above evidence and I am satisfied that the Appeal has no merit for the following reasons;
7. Firstly, PW1 gave me consistent evidence that was hardly challenged in cross-examination. She knew the Appellant and had been to his house on a previous occasion and on the material day, the incident took place in broad daylight and so there was no chance of mistaken identity.
9. Thirdly, PW1’s conduct was extremely brave in the circumstances and that only adds credibility to her evidence. I say so because she walked to Serem Police Station immediately after the incident and lodged her complaint. I see no reason to believe any evidence to the contrary.
11. Lastly, the sentence is within the law and I see no reason to tamper with it.
13. Orders accordingly.
J U D G E