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DENNIS OKELLO MATEBA
V.
REPUBLIC

(2020) JELR 97898 (CA)

Court of Appeal 31 Jan 2020 Kenya
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Case Details

Suit Number:Criminal Appeal 19 of 2016
Judges:Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage
Location:Kisumu
Other Citations:Dennis Okello Mateba v. Republic [2020] eKLR

JUDGMENT OF THE COURT

1. Dennis Okello Mateba, the appellant, was charged with defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act. The particulars are that on the 20th day of December 2011 at [Particulars Withheld] village in Bunyala West Location in Navakholo District within Western Province, the appellant intentionally caused his penis to penetrate the vagina of LW, a female child aged 13 years old. The appellant faced an alternative count of committing an indecent act with a child contrary to Section 11 (1) of the Sexual Offences Act. The particulars were that on the 20th day of December 2011 at [Particulars Withheld] village in Bunyala West Location in Navakholo District within Western Province, intentionally touched with his penis the vagina of LW. a female child aged 13 years old.

2. The prosecution case was founded on the testimony of various witnesses. After voire dire examination, the complainant PW1 (LW) in relevant excerpts testified as…

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