KCC 102/2013

This case involved an individual convicted of adultery and if there was sufficient evidence. A key point was it was not required to specify the penalty in the ruling.

Background

An appellant said in his grounds of appeal that the appealed ruling by which he was convicted of adultery had insufficient evidence of causation and had erred in the application of law. He said that the court had failed to announce the penalty though its conditions existed.

Decision

The court of cassation said that this argument was invalid. The court said that the court considered all aspects of the incident and concluded that the elements of the crime existed in the case. The court said that the court established its ruling on the grounds of solid evidence. The court said that the court was not obliged to announce the penalty imposed on the convicted person. The court said that the appellant's defence was therefore irrelevant.

The court dismissed the appeal.