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CORNEL OGUTU MIKWA
V.
REPUBLIC

(2016) JELR 103077 (CA)

Court of Appeal 23 Sep 2016 Kenya
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Case Details

Suit Number:Criminal Appeal 89 of 2014
Judges:Daniel Kiio Musinga Agnes Kalekye Murgor Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Cornel Ogutu Mikwa v. Republic [2016] eKLR

JUDGMENT OF THE COURT

1. The appellant, Cornel Ogutu Mikwa, was charged with the offence of defilement contrary to section 8(1)(3) of the Sexual Offences Act. The particulars of the offence were that on 17th January 2013 at Bondo town in Bondo District within Siaya County, he intentionally caused his penis to penetrate the vagina of PA, a child aged 15 years. He also faced an alternative charge of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act.

2. He was tried before the Principal Magistrate’s Court at Bondo and convicted for the offence of defilement in a judgment delivered on 23rd May 2013. He was subsequently sentenced to serve 20 years’ imprisonment. The trial court made no finding on the alternative charge.

3. The appellant appealed against the conviction and sentence to the High Court. That appeal was dismissed in a judgment delivered on 22nd November 2013.

Background

4. The prosecution case was as follows. On 17th January 2013 PA’s mothe…

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