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…It is argued that the charge sheet was fatally defective.…

…In Bernard Ombuna v Republic [2019] eKLR the Court of Appeal considered what would constitute a fatally defective charge sheet by stating as follows; “.. the test of whether a charge sheet is fatally defective is substantive…

…The Appellant argues that the charge sheet was fatally defective.…

…He cites The Court of Appeal decision in Benard Ombuna v Republic eKLR , where it was held that: “In a nutshell, the test of whether a charge sheet is fatally defective is substantive rather than formalistic.…

…(b) Whether the charge sheet was fatally defective. (c) Whether the prosecution ‘s case was marred with discrepancies, inconsistencies and contradictions.…

…In a nutshell, the test of whether a charge sheet is fatally defective is substantive rather than formalistic.…

…The Appellant has appealed to this court on the following grounds:-That the charge sheet as drawn was fatally defective as the offence revealed by the evidence on record was not what is drawn on the charge sheet.…

…This discrepancy prejudiced the appellant, rendering the charge sheet fatally defective under Section 214 of the Criminal Procedure Code.…

…Counsel argued, firstly, that the charge sheet was fatally defective for failing to state that the appellant "unlawfully" caused penetration, thereby omitting an essential ingredient of the offence. 8.…

…Analysis and Determination (a) Whether the Charge Sheet was Fatally Defective 21.…

…In fact it can be said that he did not sum up at all to the assessors which makes the trial fatally defective.…

…The Court of Appeal considered the effect of a defective charge sheet in Ombuna v Republic [2019] KECA 994 (KLR ) and held that: “ In a nutshell, the test of whether a charge sheet is fatally defective is substantive rather…

…It is now settled that the test as to whether a charge sheet is fatally defective is whether the defect was such that it prejudiced the accused. 10.…

…Over time, the test of determining whether a charge is fatally defective, to render any conviction a nullity has been established, both in our jurisdiction and other jurisdictions. 25.…

…In the case of Benard Ombuna v Republic [2019] KECA 994 (KLR) the Court held that: “In a nutshell, the test of whether a charge sheet is fatally defective is substantive rather than formalistic.…

…He now prays to canvass the following grounds of appeal: - A) That the trial magistrate erred in law and facts when he convicted the appellant based on a charge sheet that was fatally defective as it did not accord with the…

…Whether the charge sheet was fatally defective 2. Whether voire dire was properly conducted 3. Whether the ingredients of the offence of defilement were proved.…

…Whether the charge sheet was fatally defective; b. Whether the trial court properly complied with Section 124 of the Evidence Act; c. Whether the prosecution proved its case beyond reasonable doubt; and d.…

…Whether the charge sheet was fatally defective 55.…

…Having undertaken that evaluation, the issues arising for determination are whether the charge sheet was fatally defective; whether the prosecution proved the offence of grievous harm contrary to section 234 of the Penal…

…I therefore find that the contention that the charge sheet was fatally defective is without merit. 9.…

…The appellant also relied on Benard Ombuna v Republic [2019] eKLR where the court emphasized that the test of whether a charge sheet is fatally defective is whether prejudice has been occasioned to the accused person. 11.…

…I therefore find no merit in the contention that the charge sheet was fatally defective. 16.…

…The learned trial Magistrate erred in law and fact in failing to find that the Medical Exhibits were fatally defective. The learned trial Magistrate erred in law and fact in convicting on defective charge.…

…Whether the medical exhibits were fatally defective Whether the charge sheet was defective Whether the sentence was illegal.…

…In his submissions the appellant argued as follows: -1st – that the charge sheet was fatally defective and duplex – that it is contrary to Article 50(2) (j) of the Constitution of Kenya (2010), section 19 of the Oaths and…

…He submits that the charge was fatally defective and relied on Isaac Nyaro Kimitu & Another [2014] e KLR and Cholmondeley v Republic [2008] e KLR for the submission that failure to supply witness statements amounts to unfair…

…The particulars of the offence of which the Appellant was convicted are clearly at variance with the particulars of the offence created under Section 7 of the SOA thereby rendering the charge fatally defective. 6.…

…Those grounds can be compressed to five grounds: Firstly, the trial court erred in law and fact by failing to find that the charge sheet was fatally defective; Secondly, the trial court erred in law and fact for failing to…

…The appellant complained that the charge sheet was fatally defective.…

…He submitted that the charge was fatally defective as it was not possible for him to formulate any kind of defence.…

…He relied on the Court of Appeal decision in Benard Ombuna v Republic (2019) eKLR where it was held that: In a nutshell, the test of whether a charge sheet is fatally defective is substantive rather than formalistic.…

…He submitted that the charge was fatally defective as it was not possible for him to formulate any kind of defence.…

…He relied on the Court of Appeal decision in Benard Ombuna v Republic (2019) eKLR where it was held that: In a nutshell, the test of whether a charge sheet is fatally defective is substantive rather than formalistic.…

…The appeal is based on the following 4 grounds of appeal: a) That the learned magistrate erred in law and fact by awarding conviction and sentence based on fatally defective charge. b) That the learned magistrate erred in…