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ETM
V.
REPUBLIC

(2014) JELR 104180 (CA)

Court of Appeal 30 Jul 2014 Kenya
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Case Details

Suit Number:Criminal Appeal 62 of 2014
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek
Location:Nyeri
Other Citations:Etm v. Republic [2014] eKLR

JUDGMENT OF THE COURT

ETM was charged with the offence of defilement contrary to Section 8 (1) and (2) of the Sexual Offences Act No. 3 of 2006. The information is that on 10th February, 2008, in Murang’a District within the then Central Province, the appellant intentionally and unlawfully had carnal knowledge of PM a girl 5 years old. He faced an alternative count of indecent act with a child contrary to Section 11(1) of the Sexual Offences Act. He pleaded not guilty and was tried, convicted and sentenced to life imprisonment for defilement. His appeal to the High Court against conviction for the offence of defilement was dismissed prompting a second appeal to this Court.

In his home-made memorandum, the appellant cites three grounds of appeal as follows:

That the High Court erred in law while upholding conviction and relying on the evidence of PW 2 and PW 3 whose credibility remained doubtful and in contravention of Section 163 (1) of the Evidence Act.

That the learned Judge erred in la…

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