REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET CORAM: D. S. MAJANJA J. CRIMINAL APPEAL NO. 71 OF 2018 BETWEEN DANIEL KIPCHIRCHIR KIMELI..............APPELLANT AND REPUBLIC.................................................RESPONDENT (Being an appeal from the original conviction and sentence of Hon. D. Milimu, RM dated 7 th September 2018 at the Magistrates Court at Eldoret in Criminal Case SO No. 67 of 2017) JUDGMENT 1. The appellant, DANIEL KIPCHIRCHIR KIMELI, was charged and convicted of the offence of attempted defilement contrary to section 9(1) and (2) of the Sexual Offences Act. The particulars of the charge were that on 17 th April, 2017 in Eldoret West District within Uasin Gishu County, he intentionally attempted to cause his penis to penetrate the vagina of VC, a child aged 7 years. 2. I have reviewed the evidence against the appellant and I am unable to agree that the circumstances disclose the offence of attempted defilement. The evidence of PW 1 and PW 2 is not consistent. PW 1 testified that the appellant held and twisted her hand and she fell and he tried to unbutton her blouse yet when PW 2 came, she did not see PW.1 who is alleged to have fallen. PW 1 told her that the appellant had twisted her hand and it was painful. While PW 1 told her that the appellant was trying to defile her, I find that there is no evidence to show that he had taken steps to commit an act of defilement. 3. I am however satisfied that the acts disclose a lesser offence of assault with intent to cause actual harm contrary to section 251 of the Penal Code (Chapter 63 of the Laws of Kenya) and I convict him accordingly. 4. I sentence the appellant to two (2) years’ imprisonment from 30th August 2017. DATED and DELIVERED at ELDORET on this 24th day of APRIL 2019. D.S. MAJANJA JUDGE Appellant in person. Ms Mokua, Prosecution Counsel, instructed by the Office of the Director of Public Prosecutions for the respondent.
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.