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DANIEL MAKOKHA OGUTU
V.
REPUBLIC

(2011) JELR 98150 (CA)

Court of Appeal 2 Nov 2011 Kenya
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Case Details

Suit Number:Criminal Appeal 155 of 2011
Judges:Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Erastus Mwaniki Githinji
Location:Kisumu
Other Citations:Daniel Makokha Ogutu v. Republic [2011] eKLR

JUDGMENT OF THE COURT

The appellant was convicted by the Resident Magistrate Busia of the offence of defilement contrary to Section 145(1) of the Penal Code and sentenced to life imprisonment with hard labour. His appeal to the High Court, at Busia, was dismissed. This is his second and last appeal.

The charge sheet stated that on 8th July 2005 the appellant had unlawful carnal knowledge of F.A.S a girl under the age of 16 years.

The complainant testified at the trial among other things, that on 8th July 2005 at 5 p.m she was standing near a gate of her uncle with two other children, F and M; that the appellant who is her other uncle went there and told her that he would escort her to her uncle’s home; that on the way the appellant gave her Shs 50 to buy mandazi; that, thereafter the appellant held her, pulled her into a cassava plantation, knocked her down and had sexual intercourse with her after which he fled to his house carrying the complaint’s underpant. The complainant reported to…

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