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ALBANUS NZIOKA NDIKU
V.
REPUBLIC

(2024) JELR 112606 (CA)

Court of Appeal 22 Nov 2024 Kenya
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Case Details

Suit Number:CRIMINAL APPEAL NO. 28 OF 2018
Judges:ALI-ARONI, JA P.O. KIAGE, JA L. ACHODE, JA
Location:Nairobi

JUDGMENT OF THE COURT

On 15th December 2009 M. N, a 10-year-old minor (PW1), was at home in Mbooni East District with her father, the appellant, and two other children. Her mother had left at around 10 am to do casual work. The appellant called her to the house and told her to close the window as he closed the door. He then asked her to lie on his bed and remove her pants. She lay on the bed and the appellant defiled her. While the incident was on-going, the minor’s cousin, PW2, passed by to see the minor’s mother, PW3, when she noticed that the house was locked from the inside. Her child, who was outside, told her that the minor and her father were inside the house. PW2 became suspicious, so she decided to inform PW3 about what she had witnessed. When PW3 returned at about 1pm, together with PW2, they called the minor to a nearby maize plantation and asked her to explain what had transpired. The minor told them that the appellant had slept with her. PW3 examined her vagina and notice…

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