REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU H.C. CRIMINAL APPEAL NUMBER . APPELLATE SIDE (From original conviction and sentence in SOA No. 2 of 2020 in the Principal Magistrate’s court at Ruiru.) DANIEL KIOKO MOVE.........eeeeeeeeeeeeeeeeeeeeeeeee APPLICANT OF 2022 VS REPUBLIC .... seeeeeeeeeeeee RESPONDENT. PE ON OF APPEAL. I, the undersigned do most humbly beg leave to appeal against both conviction and sentence of 10 years’ imprisonment for the offence of defilement contrary to Section 8 (1) (3) of the Sexual Offences Act No. 3 of 2006 passed on me by the CM’S Court at Gatundu (Hon. C.A. OMONDI (SPM)) on 27" July, 2022 on the following grounds: - 1, THAT, | am poor and I cannot afford money for appeal fee 2. THAT, I wish to be present during the hearing of my appeal. Signed Left thumb impression. Received by me this ......... August, 2022. I certify that the appellant had no money on admission and states that he is unable to pay the necessary fee. Deputy Registrar, High Court at Kiambu, P.O. BOX 87, FORWARDED SIAMBU. OFFIGER INCHARGE KAMIT| MEDIUM SECURITY PRISON. P.O. Box 65501, NAIROB! FORWARDED x J. Moraa (CIP) For: Officer in Charge Kamiti medium Prison 8" August, 2022. Forwarded, copy to SPM’S court at Ruiru for the favour of information and handing over to the person who conducted the original prosecution.REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU P.O. Box 6550 CR. APPEAL NO. . 008: -. OF 2022 ORIGINAL S.O. CASE NO. 2 OF 2020 IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT RUIRU DANIEL KIOKO MOVE . .- APPELLANT -VERSUS- REPUBLIC .. .. RESPONDENT. MEMORANDUM GROUNDS OF APPEAL. 1, DANIEL KIOKO MOVE, C/O OFFICER IN CHARGE, KAMITI MEDIUM PRISON, P.O. BOX 65501-00607, NAIROBI, appeals against both conviction and sentence of 10 years’ imprisonment for the offence of defilement contrary to Section 8 (1) (3) of the Sexual es Act No. 3 of 2006. Lintend to rely on the following grounds namely: - 1. THAT, the learned trial magistrate erred in matters of law and fact by failing to find that the complainant (PW1) was an incredible witness who told open lies in court. s of law and fact by failing to find that the evidence on record irresistibly points to the conclusion that PW1 engaged in 2. THAT, the learned trial magistrate erred in matt. purely consensual sexual indulgence but was, nevertheless, coerced by PW2 and PW3 to allege forced sex. 3. THAT, the learned trial magistrate erred in matters of law and fact by failing to find that the complainant’s age was not proved to have been 14 years as alleged in the particulars of the offence. 4. THAT, the learned trial magistrate erred in matters of law and fact by failing to find that the evidence on record implicitly indicates that the complainant (PW1) presented herself to the accused as an adult, and thus the accused person herein is entitled to the benefit of doubt and the statutory defence under Section 8 (5) &(6) of the Sexual Offences Act No. 3 of 2006. 5. THAT, the learned trial magistrate erred in matters of law and fact by failing to consider the time spent in legal custody (remand) during sentencing in contravention of section 333 (2) of the criminal procedure code. REASONS WHEREFORE: May this appeal succeed in entirety, conviction quashed, sentence set aside and I be set at liberty. DRAWN AND FILED BY: & KMS/942/2022/LS DANIEL KIOKO MOVE a cetverts «vr MOO RELANY. C/O KAMITI MEDIUM PRISON, P.O BOX 65501-00607 NAIROBI Email: kamitimediumdocs(W gmail.comfo2rfis IT_OF COMMITTMENT a 'E PRISON SENTENCE Serial No: 83 Trial Court... REPUBLIC OF KENYA a INTHE SPM courtat_RUIRU —S$O __caszno:__2 OF 2020 Republic... Va Acned ASME... KOK... MOVE... TO: OFFICER I/C THIKA GK. PRISON ire Whereas on the 21 "day of TUL 20.22. the above-named Accused, (male /female/otker)* aged AS has on this day been convicted before this Court for the offence of; (List statement of charges sequentially) 1. PERILEMENT. CONTRARY. To SECTION. .64Iy ARW z Se oe THE. SEXVAL .. OFFENCE: B .B.OF. 2006... dasagtee sh ‘ . y 4, os and has been sentenced to; This is to authorize and command you to receive the Accused into your custody together with this warrant and therefore to catty out the aforesaid sentence into execution in accordance with the lav. RY... this 29° aay of IVE Bp dlcntae Pudicia} Officer) J