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EZEKIEL OMWOYO
V.
REPUBLIC

(2015) JELR 98361 (CA)

Court of Appeal 19 Oct 2015 Kenya
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Case Details

Suit Number:Criminal Appeal 9 of 2013
Judges:Daniel Kiio Musinga Agnes Kalekye Murgor Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Ezekiel Omwoyo v. Republic [2015] eKLR

JUDGMENT OF THE COURT

The appellant, Ezekiel Omwoyo, was tried by the Chief Magistrate’s court on a charge of defilement of a girl contrary to Section 8 (1) as read with section 8(2) the Sexual Offences Act No. 3 of 2006. The particulars of the offence were that on 4th December 2009, at Nyatieko location in Kisii Central district within Nyanza Province, he unlawfully and intentionally penetrated the vagina of EvG (PW 4), the complainant, a girl aged 10 years with his penis.

There is an alternative charge of indecent act with a child contrary to section 11 (1) of the Sexual Offences Act No. 3 of 2006. The particulars are that on 4th December 2009, at Nyatieko location in Kisii Central District within Nyanza Province he committed an indecent act with EvG (PW 4), the complainant, a girl aged 10 years by rubbing his penis against her vagina.

The facts as can be ascertained from the record are that on 4th December 2009 at about 1.00pm as EvG was alone in the forest collecting firewood, the ap…

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